§ 23.03.08. Yard regulations.  


Latest version.
  • (A)

    Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the width of the side yard may be vary. In such case the average width of the side yard shall not be less than the otherwise required minimum width; provided, however that such side yard shall not be, narrower at any point than one-half the otherwise required minimum width.

    (B)

    The side street setback line of any corner lot previously platted and existing at the time of adoption of the zoning code shall not be less than one-half of the average depth of the minimum front yard required on any adjoining lot fronting on a side street. Any corner lot delineated by subdivision after the adoption of the zoning code shall provide a side street setback line which shall not be less than the minimum front yard required on any adjoining lot fronting on the side street.

    (C)

    When a vacant lot is situated between two improved lots, each having a principal building within 25 feet of any side lot line of such unimproved lot, the front yard may be reduced to the greatest depth of the front yard of the two adjoining improved lots.

    (D)

    Certain architectural features may project into required yards as follows:

    (1)

    Cornices, canopies, eaves or other similar architectural features may project into side yards a distance not exceeding two inches per one foot of side yard width but may not exceed a total of three feet.

    (2)

    Any bay windows, balconies, fireplaces, uncovered stairways, uncovered landings, and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

    (3)

    Accessible ramps may encroach into required yards in accordance with the following:

    (i)

    The applicant, owner(s) of the property must provide a statement justifying the necessity of the ramp including, if required by the zoning administrator, a statement from a physician or other professional health care provider verifying the need;

    (ii)

    The applicant, owner(s) of the property, must provide a sketch plan and elevation view illustrating the location of the ramp and its relationship by dimension to the principal structure, lot lines and all structures on adjacent lots;

    (iii)

    The applicant, owner(s) of the property, must verify that the ramp will be removed at the owner's expense when no longer needed. In addition, the zoning administrator may periodically require verification of the continuing need for the ramp;

    (iv)

    The zoning administrator must determine that there is no other viable alternative to the placement of the ramp that would otherwise meet required setbacks;

    (v)

    The zoning administrator must determine that the encroachment is the minimum required to achieve reasonable access to the principal dwelling with consideration for the location of the structure, the proximity to the property lines and the topography of the lot.

    (Ord. No. 0-144-13, § I, 12-16-2013)

    Note— Section II of Ord. No. 0-144-13, adopted Dec. 16, 2013, states "All new and replacement signage in the City of Athens that refers to a facility or parking space that accommodates a person(s) with a disability must refer to that facility or parking space as "accessible."