Fayette Exceptions to Yard Requirements ordinance (§ 405.680)

A. The following exceptions may be made to the yard requirements:

1. Where, on the effective date of this Article, forty percent (40%) or more of a frontage was occupied by two (2) or more buildings, then the front yard is established in the following manner:

a. Where the building farthermost from the street provides a front yard not more than ten (10) feet deeper than the building closest to the street, then the front yard from the frontage is and remains an average of the then existing front yards.

b. Where this Subsection (A)(1)(a) is not the case and a lot is within one hundred (100) feet of a building on each side, then the front yard is a line drawn from the closest front corners of these two (2) adjacent buildings.

c. Where neither Subsection (A)(1)(a) nor Subsection (A)(1)(b) is the case, and the lot is within one hundred (100) feet of an existing building on one (1) side only, then the front yard is the same as that of the existing adjacent building.

2. Sills, belt courses, window air-conditioning units, chimneys, cornices, and ornamental features may project into a required yard a distance not to exceed twenty-four (24) inches.

3. Filling station pumps and pump islands may occupy required yards provided, however, that they are not less than fifteen (15) feet from all lot lines.

4. Signs in accordance with Article IV.

5. Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard for a distance of not more than three and one-half (31/2) feet when so placed as to not obstruct light and ventilation may be permitted by the Building Inspector.

6. Open, unenclosed porches (not glassed in) may extend ten (10) feet into a front yard.

7. Terraces which do not extend above the level of ground (first) floor may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent side lot line.

8. No side yards are required where dwellings are erected above commercial and industrial structures, except such side yard as may be required for a commercial or industrial building on the side of a lot adjoining a residential district.

9. Accessory buildings may be located in a rear yard but may not occupy more than thirty percent (30%) of a rear yard.

10. Any accessory building closer than ten (10) feet to a main building shall be considered as part of the main building and shall be provided with the side and rear yards required for the main building.

11. An accessory building more than ten (10) feet from a main building may be erected within two (2) feet of a side or rear lot line, but must be located at least sixty (60) feet from the front street lines.

12. Where a garage is entered from an alley, it must be kept ten (10) feet from the alley line.

13. On corner lots the minimum buildable width of twenty-eight (28) feet for main buildings is reduced to twenty-two (22) feet for accessory buildings.