43-23

Permitted Obstructions in Required Yards or Rear Yard Equivalents

In all Manufacturing Districts, the following obstructions shall be permitted within a required yard or rear yard equivalent:

(a)        In any yard or rear yard equivalent:

(1)        Arbors or trellises;

(2)        Awnings and other sun control devices, provided that when located at a level higher than the first story, excluding a basement, all such awnings and other sun control devices:

(i)        shall be limited to a maximum projection from a building wall of 2 feet, 6 inches; and

(ii)        shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the building wall (as viewed in elevation) from which they project;

(3)        Canopies;

(4)        Chimneys, projecting not more than three feet into, and not exceeding two percent of the area of, the required yard or rear yard equivalent;

(5)        Eaves, gutters or downspouts, projecting into such yard or rear yard equivalent not more than 16 inches or 20 percent of the width of such yard or rear yard equivalent, whichever is the lesser distance;

(6)        Exterior wall thickness, where such wall thickness is added to the exterior face of a building wall existing on April 30, 2012, provided the added wall thickness has a thermal resistance (R-value) of at least 1.5 per inch, and is limited to one inch of thickness for every foot of existing yard width, up to a maximum thickness of eight inches. When an open area is provided along a common lot line, then such exterior wall thickness is limited to one inch for every foot of existing open area on the zoning lot;

Where buildings that have added exterior wall thickness pursuant to this Section are enlarged, such enlarged portion may similarly encroach upon required yards in order to align with the exterior walls of the existing building, provided such enlargement contains less floor area than the existing building, and there is no encroachment of floor area into a required yard;

(7)        Fences;

(8)        Flagpoles;

(9)        Parking spaces for automobiles or bicycles, off-street, open, accessory;

(10)        Power systems, including, but not limited to, generators, solar energy systems, fuel cells, batteries and other energy storage systems, provided that all equipment shall not exceed a height of 23 feet above curb level;

(11)        Solar energy systems on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the building wall (as viewed in elevation) from which it projects;

(12)        Steps, and ramps or lifts for people with physical disabilities;

(13)        Terraces or porches, open;

(14)        Walls, not exceeding eight feet in height and not roofed or part of a building.

(b)        In any rear yard or rear yard equivalent:

(1)        Any building or portion of a building used for any permitted use, except that any portion of a building containing rooms used for living or sleeping purposes (other than a room in a hospital used for the care and treatment of patients, or joint living-work quarters for artists) shall not be a permitted obstruction, and provided that the height of such building shall not exceed one story, excluding basement, nor in any event 23 feet above curb level. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, shall be permitted upon such building, or portion thereof, pursuant to Section 43-42 (Permitted Obstructions);

(2)        Breezeways;

(3)        Fire escapes;

(4)        Parking spaces for automobiles or bicycles, off-street, accessory, provided that the height of an accessory building used for such purposes and located in a required rear yard or rear yard equivalent shall not exceed 23 feet above curb level;

(5)        Solar energy systems on the roof of a building permitted as an obstruction to such yard:

(i)        up to four feet in height as measured perpendicular to the roof surface when located above a permitted commercial or community facility use or attached parking structure; or

(ii)        shall be limited to 18 inches in height as measured perpendicular to the roof surface when located above a shed or detached parking structure, or on any roof with a slope greater than 20 degrees;

(6)        Water-conserving devices, required in connection with air conditioning or refrigeration systems in buildings existing prior to May 20, 1966, if located not less than eight feet from any lot line.

However, no portion of a rear yard equivalent which is also a required front yard or required side yard may contain any obstructions not permitted in such front yard or side yard.

Top