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Home My WebLink About05102012 ZPC Agenda Item 5 ZPC AGENDA ITEM 5 rcuh LoIS 5-10-12 Agenda Item 5 Through Lots and Fences and Fence-Like Hedges Through lot. Any lot that connects two generally parallel streets and is adjacent to more than one interior lot on the same side. Table 7-2: Yards General Rule: No part of any structure may be located within a part of (or 'setbacks') a building site included within a yard defined, by District, in this table. ("N/A" means the rule does not apply.) Exceptions/Special Rules: (1) Structures may be located in yards to the extent allowed by the Projections Schedule. (2) See special rules noted in table. (3) See PDD Schedules for Planned Development Districts. (4) See additional setbacks in the PWSF Schedule. Item Measurement SF-1 SF-2 SF-3 TH GR- GR- C 1 2 Front yard Distance from 20 feet if the building site depth is 110 feet or 10 ft. 20 ft. 30 front street line. less; 25 feet if the building site depth is more See See Note ft. than 110 feet but not more than 125 feet; 30 Note 7 See feet if the building site depth is more than 125 7. Note feet. See Note 5. 5 Interior Distance from Greater of 10% of building site width or 5 feet. 5 ft. See Note 4. 5 ft. side yard side property line See Note 2. See Note 7. See (each side). Note 4. Street side Distance from Greater of 10% of building site Greater of 10% 10 ft. See Note 15 yard side street line. width or 5 ft. See Notes 2, 3, of building site 7. ft. 6. width or 5 feet. See Notes 2, 6. Rear yard Distance from 20 ft. See Note 1. 20 ft. 5 ft. See 5 ft. rear property See Note 7. line. Note 7. SF Distance from N/A N/A N/A 20 ft. See Note 10 Bufferyard nearest part of 7. ft. an SF District Note 1. "Through Lots."If a building site extends all the way through a block,so that the front and rear both abut a street area, there is no rear yard,but the site is treated as if there were two front yards,each with the same depth as the average front yard on the same side of the block. Note 2.Narrow Site"3/7"Exception.Alternate side yard areas apply to a building site meeting all four of the following criteria:(A) The building site is less than 55 feet wide.(B)The use is single-family(detached)use.(C)Outside the rear yard,no main wall surface of any building is closer than 10 feet to any main wall surface of a"prior building"on another building site(unless there are"prior buildings"on both sides,each within seven feet of the property line,in which case the minimum separation from a"prior building"is eight feet).A"prior building"is a building in existence,under construction or covered by a current building permit when a building permit is issued for the subsequent building.(D)The owner has designated alternate side setback areas in a form approved by the administrative official and in accordance with all of the following criteria:(1)Minimum setback,interior:3 feet.(2)Minimum setback,street side:5 feet.(3)Minimum 5-10-12 Agenda Item 5 Through Lots and Fences and Fence-Like Hedges setbacks,both sides combined:greater of 10 feet or 20%of the building site width.(4)On each side,the setback is uniform in width along its entire length.See Table 7-5a regarding"alternating driveway"rule. Note 3.Rotated Corners.For rotated corner building sites(SF-1 District only),the minimum side street yard width is:(i) 10 feet if the building site width is 65 feet or less,(ii)10 feet plus the distance by which the width of the building site exceed 65 feet,if the building site width is more than 65 feet but less than 75 feet,(iii)20 feet if the building site width is 75 feet or more but less than 100 feet,or(iv)for building sites 100 feet wide or more,the side street yard width is determined by the same rules as the front yard depth,except that the"depth"of the building site is measured from the side street line. Note 4. Common Walls.In the TH,GR-2 and C District,the ZBA may issue a special exception for a zero-width side yard,but only upon application by both property owners and only if the special exception is conditioned upon the construction and maintenance of a common wall or continuously abutting separate walls(in either case with a four-hour fire rating or better)along the property line.See,also, Note 7,below,for QMDS. Note 5.Major Thoroughfares.The ZBA may issue a special exception for a front yard less than 30 feet deep abutting a major thoroughfare,if the front yard prescribed is at least 10 feet deep,and if the special exception requires the greatest practicable amount of pervious area in the front yard. Note 6.Special Exception.The ZBA may prescribe a different street side yard by special exception relating to frontage.See Article 8. Table 7-6. Projections Schedule, cont. Type Of Structure Maximum Allowed Projection (In Inches), Measured Special Rules For From The Inside Edge Of The Yard. Calculating Open Ft Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard Certain Basketball 120" No limit No limit No limit The area may Accessory goals generally, count as both open Structures but see Note area and pervious 7. area. Playground 0 No limit 0 No limit The area may equipment count as both open area and pervious area. Flagpoles 120" 0 0 0 The area may count as both open area and pervious area. Fences 0, but see No limit No limit, but No limit The area does not Notes 8.1, see Notes count as either 8.2, and 12. 8.1, 8.2 and open or pervious 11. area. Swimming 0 0, but see 0, but see No limit The area counts as pools Note 9 Note 9. open area. Only the water area 5-10-12 Agenda Item 5 Through Lots and Fences and Fence-Like Hedges counts as pervious area. Tennis courts 0 0 0 No limit The area counts as (with open area but not associated pervious area screens) (unless the area is made of grass). Lights and No limit No limit No limit No limit The area may lampposts generally, generally, generally, generally, count as both open but see but see but see Note but see Note area and pervious Note 10. Note 10. 10. 10. area. Gate closers 24 No limit No limit No limit The area may count as both open area and pervious area. Signs (see No limit 0 0 0 The area does not Code of count as either Ordinances) open or pervious area. Note 8.1 Fences.Fences may project into front and side yards to the extent expressly required or authorized by City ordinance(e.g.,provisions in Chapter 18 of the Code of Ordinances requiring front fences for temporary construction purposes and to screen nonresidential uses;provisions in PDD schedules for front fences). Also in the Code of Ordinances,there are:(i)requirements for emergency portals in fences(Chapter 18) and(ii)restrictions on fences,certain"fence-like hedges"and other things in visibility areas(Chapter 82).In a QMDS low fences(3.5 feet or lower)may be located anywhere,if made of ornamental metal or white pickets. Note 8.2.Fence-like hedges.Fence-like hedges within the front yard(setback)of a building site containing no principal building are prohibited.This provision applies to all side yard lots and rear through lots.Visibility triangles and visibility areas,as defined by this Ordinance,are subject to further restrictions as contained in Chapter 82 of the Code of Ordinances. Note 11.Rotated Corner Fences.Notwithstanding any other provision of this ordinance or any other ordinance,no fence is allowed in the side street yard of a rotated corner building site(SF-1 District),except for temporary construction fences required by Chapter 18 of the Code of Ordinances. Note 12.Front Fences in Townhouse Districts.On a building site in a townhouse district(including the TH and PDD-TH districts),there may be fences in the front yard,but not higher than seven feet and not closer than five feet to the front street line.More permissive provisions elsewhere may also apply. 5-10-12 Agenda Item 5 Through Lots and Fences and Fence-Like Hedges Chapter 18 Code of Ordinances Fencing Regulations. Sec. 18-202. - Prohibition in front or side. (a) Prohibition. No fence may be constructed, improved or structurally altered on the front portion of any building site. Exceptions: this restriction does not apply to low retaining walls, institutional security fences, fences owned by any governmental entity or fences or walls specifically required or allowed to be located in the front portion of a building site by this Code or the zoning ordinance. In this article: (1)Front portion means the area of a building site extending from the front street line to a depth equal to the depth of the front main wall of the principal building. The front street line is the common boundary between the front line of a building site and the street right-of-way. The front main wall is the front of the building exclusive of any porch or entranceway. (b) Rotated corner lots. This subsection only applies to a corner lot carved out of a larger corner site originally established by the first plat or map of the subdivision in question, where the front street line of the corner lot is on a different street from the street where the larger corner site had its front street line. On such a corner lot, no fence may be constructed, improved or structurally altered along the side street line of the corner lot (this would have been the front street line of the original larger corner site) unless the fence is set back from the side street by at least one of the following two distances: (1) A distance equal to the depth of the front setback area of any adjacent building site which has a front setback area abutting the side street; or (2) A distance equal to the depth of the side setback area of the corner lot, measured from the side street. If the BSC is requested to issue a variance to permit a fence on the corner lot closer to the side street than prescribed above, and if a petition signed by 20 percent or more of the persons owning property along the side street within 200 feet of the rear lot line of the corner lot (and on the same side of the side street) is presented to the BSC before it acts on the request, the requested variances shall not take effect unless approved by all members of the BSC qualified and serving. Under no circumstances, with or without a variance, is a fence allowed within five feet of the side street line. Sec. 18-211. - Fences on vacant lots. .. Any fence construction or reconstruction on a site on which no building is located shall be constructed to comply with all of the setback requirements which apply to the location of a residence on such site. 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