§ 91-10. Minimum yard setbacks.  


Latest version.
  • A. 
    Minimum front yard setback.
    (1) 
    General. The minimum required front yard setback shall be as follows:
    (a) 
    In a Residence A District, 25 feet.
    (b) 
    In a Waterfront Preservation District A1, 50 feet.
    (c) 
    In a Residence B District, 25 feet.
    (d) 
    In a Waterfront Preservation District B1, 25 feet.
    (e) 
    In a Residence C District, 25 feet.
    (f) 
    In a Waterfront Preservation District C1, 200 feet.
    (g) 
    In a Residence D District, 25 feet.
    (h) 
    In a Waterfront Preservation District D1, 50 feet.
    (i) 
    In Waterfront Preservation Districts A1, B1, C1 and D1, the front yard setback shall be measured from Huntington Bay or Huntington Harbor for lots fronting on said water bodies, or the property line that is closest to Huntington Bay or Huntington Harbor for lots not fronting on said water bodies.
    (j) 
    In the Waterfront Preservation Districts A1, B1, C1 and D1, for lots not fronting on Huntington Bay or Huntington Harbor, the minimum front yard setback shall be 40 feet.
    (2) 
    Corner lots. A corner lot shall have a minimum front yard setback along its principal frontage of the depth required by the preceding Subsection A(1) of this section. A corner lot shall also have a (minimum) front yard setback along the side street frontage of the following minimum depth:
    (a) 
    In a Residence A District, 25 feet.
    (b) 
    In a Waterfront Preservation District A1, 25 feet.
    (c) 
    In a Residence B District, 25 feet.
    (d) 
    In a Waterfront Preservation District B1, 25 feet.
    (e) 
    In a Residence C District, 25 feet.
    (f) 
    In a Waterfront Preservation District C1, 100 feet, with one side yard being a minimum of 40 feet.
    (g) 
    In a Residence D District, 25 feet.
    (h) 
    In a Waterfront Preservation District D1, 25 feet.
    (3) 
    Through lots. A through lot shall have the minimum front yard setback along each frontage.
    (4) 
    Permitted structures in front yard. The space in a front yard shall be open and unobstructed, and no structures shall be built in a front yard, except as set forth in Subsection D of this section.
    (5) 
    Vision clearance. On any corner lot on which a front yard is required by this chapter, no wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth shall be maintained in such location within such required front yard space as to cause danger to traffic by obstructing the view.
    B. 
    Minimum side yard setback.
    (1) 
    In the residence districts, every lot shall have a side yard along each lot line other than a street line or rear line, with a minimum side yard setback which shall be 25 feet in a Residence C District and 10 feet in Residence A, B and D Districts.
    (2) 
    In the Waterfront Preservation Districts, every lot shall have a side yard along each lot line other than a street line or rear line, with a minimum side yard which shall be as follows:
    (a) 
    In a Waterfront Preservation District A1, 20 feet.
    (b) 
    In a Waterfront Preservation District B1, 10 feet.
    (c) 
    In a Waterfront Preservation District C1, 100 feet, with one side yard (setback) being a minimum of 40 feet.
    (d) 
    In a Waterfront Preservation District D1, 20 feet.
    C. 
    Minimum rear yard setback.
    (1) 
    In a Residence C District, every lot shall have a minimum rear yard setback of 25 feet. In A, B and D Residence Districts, the minimum rear yard setback shall be 10 feet.
    (2) 
    In the Waterfront Preservation District C1, every lot shall have a minimum rear yard setback of 40 feet. In Waterfront Preservation Districts A1, B1 and D1 every lot shall have a minimum rear yard setback of 25 feet.
    D. 
    Items permitted in setback areas; compliance of driveways.
    (1) 
    Notwithstanding any other provision of the Code, fences and mailboxes shall be permitted within a front yard and within minimum yard setback areas. Signs shall be permitted within a front yard and within minimum yard setback areas so long as the requirements of Chapter 71 are satisfied.
    (2) 
    Driveways are permitted within front, side and rear yards, provided they are set back from the property line a distance equal to no less than 1/2 the depth of the minimum front, side or rear yard (setback). Notwithstanding the foregoing, driveways may cross minimum front, side or rear yard setback areas in order to provide access to a street.
    (3) 
    Accessory buildings and structures having a footprint of no more than 300 square feet, and all retaining walls, are permitted within side and rear yards, provided they are set back from the property line a distance equal to no less than 1/2 the depth of the minimum side or rear yard setback.
    (4) 
    In a residence district, cornices or eaves on any building may project not more than two feet into the minimum front, side or rear yard setback.
Amended 10-9-1946; 3-3-1951; 6-8-1959; 2-11-1991 by L.L. No. 1-1991; 4-12-1993 by L.L. No. 1-1993; 3-14-1994 by L.L. No. 1-1994; 8-11-1997 by L.L. No. 1-1997; 8-11-2009 by L.L. No. 5-2009; 3-20-2017 by L. L. No. 2-2017; 10-16-2017 by L.L. No. 10-2017