§ 40-738. Exceptions to yard regulations.

(a)

More than one (1) main institutional building, public or semi-public, multiple-family, commercial or industrial building may be located upon a lot or tract, provided no such building or portion thereof is located outside the buildable area of the lot.

(b)

For the purpose of the side yard regulations, a two-family, three-family or four-family dwelling, a group of row houses, a group of townhouse dwellings, a multiple-family dwelling, condominium dwelling, electric sub-station or gas pressure regulating and metering station for public utility purposes shall be considered as one (1) building occupying one (1) lot.

(c)

Open or lattice-enclosed fire escapes, fireproofed outside stairways, and balconies opening upon fire towers, and the ordinary projection of chimneys and flues into a rear yard may be permitted by the director of inspection and code enforcement for a distance of not more than five (5) feet, but only where the same are so placed as not to obstruct light and ventilation.

(d)

Temporary roadside stands in an S-1 Suburban District may be located within a front yard.

(e)

Existing residential dwellings which have at least a three-foot side yard setback may be permitted to maintain such setback on addition, provided that all other setbacks conform to this ordinance.

(f)

Existing one- and two-family dwellings, including townhouses, elevated as part of a home elevation project.

(1)

Ramps, steps, and similar projections that provide access to an existing means of ingress or egress or mechanical equipment may project into a portion of a required side yard, provided the following conditions are met:

a.

The projection shall be unenclosed and uncovered; and

b.

For any single-family dwelling, excluding a townhouse, the projection shall be set back at least two (2) feet measured from the exterior of the stair or ramp to the nearest side lot line and at least one (1) side yard area shall maintain at least three (3) feet of unobstructed access from the nearest side lot line; or

c.

For any two-family dwelling or townhouse, the projection shall be set back at least three (3) feet measured from the exterior of the stair or ramp to the nearest side lot line.

(2)

Required parking space(s) may be relocated within the required front yard when maintaining a space in an attached garage or carport would result in the construction of a driveway with a slope greater than five (5) percent and when there is no other legal location for parking on site, as determined by the department of inspection and code enforcement.

(Ord. No. 20783, § 3(XX(3)), 9-22-99; Ord. No. 21715, § 22, 11-13-02; Ord. No. 24860 , § 5, 11-5-14; Ord. No. 25195 , § 1, 8-24-2016)