Fulton Yard and height regulations ordinance (§ 120-201)

(a) Yard regulations—Additional requirements. The following additional yard requirements must also be observed:

(1) On lots fronting on two non-intersecting streets, a front yard must be provided on both streets.

(2) Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard.

(3) For the purpose of side yard regulations, a two-family dwelling or multiple dwelling shall be considered as one building occupying one lot.

(4) On corner lots, there must be a front yard on both streets.

a. On corner lots that are lots of record, the buildable width cannot be reduced to less than 28 feet, except that there shall be a yard along the side street side of such a lot, of at least five feet.

(5) Where a frontage is divided among districts with different front yard requirements, the deepest front yard required shall apply to the entire frontage.

(6) In the C, M, and A-1 districts, there may be more than one building on a lot, provided that the required yards be maintained around the group of buildings.

(7) There may be two or more related multifamily, hotel, motel or institutional buildings on a lot, provided that:

a. The required yards be maintained around the group of buildings; and

b. Buildings that are parallel or that are within 45 degrees of being parallel be separated by a horizontal distance that is at least equal to the height of the highest building.

(8) Those parts of existing buildings that violate yard requirements may be repaired and remodeled.

(9) Required front yards shall be devoted to landscaped area, except for parking of private passenger vehicles in driveways and the necessary paving of driveways and sidewalks.

(10) Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

(11) The minimum width of side yards for schools, libraries, churches, community buildings and other public and semi-public buildings in residential districts shall be 25 feet, except where a side yard is adjacent to a commercial or industrial district, in which case the width of that yard shall be as required in the district in which the building is located.

(12) No sign, fence, wall, shrub or other obstruction to vision exceeding three feet in height above the established street grade shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 30 feet distant from the intersection of the street lines. See sight distance triangle requirements in section 120-261 (definitions).

(b) Exceptions to yard requirements. The following exceptions may be made to the yard requirements:

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

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

b. Where subparagraph (b)(1)a. above is not the case and lot is within ten feet of a building on each side, then the front yard is a line drawn from the closest front corners of these two adjacent buildings.

c. Where neither subparagraph (b)(1)a. nor (b)(1)b. above is the case, and the lot is within 100 feet of an existing building on one 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 24 inches (encroachments).

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

(4) Signs shall be in accordance with provisions of the sign ordinance (chapter 92).

(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 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) and decks, may extend ten feet into a front yard.

(7) Terraces which do not extend above the level of the ground (first) floor may project into a required yard, provided these projections be distant at least two 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 and industrial building, on the side of a lot adjoining a residential district.

(9) On corner lots the minimum buildable width of 28 feet for main buildings is reduced to 22 feet for accessory buildings.

(c) Height. Maximum height limits established for buildings and structures not otherwise specified in the supplementary regulations are as follows:

(1) Thirty-five feet in residential districts.

(2) Forty-five feet in all commercial districts and the M-1 industrial district and 96 feet in the M-2 district.

(3) Exceptions. The above height limits may be exceeded in the following instances:

a. Public, semi-public or public service buildings, hospitals, institutions, agricultural buildings, or schools, when permitted in a district, may be erected to a height not exceeding 110 feet, and churches and temples may be erected to a height not exceeding 75 feet, if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built.

b. Television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, stacked, conveyors and flag poles may be erected to such height as may be authorized by the council.

c. Buildings in the C-3 district may be increased in height one foot for each foot the building is set back from all yard lines, up to a maximum height of 100 feet, provided that the gross floor area provided, exclusive of enclosed garages, does not exceed the number of square feet of land area of the lot on which the building is placed.