§ 70-41. Side yards.  


Latest version.
  • A. 
    On an interior lot, a single-family dwelling shall have two side yards, one on each side of the main building, the aggregate width of which shall be not less than 30% of the width of the lot, but in no case shall any side yard be less than seven feet in width.
    (1) 
    The foregoing requirements for aggregate side yards shall not apply to alterations to existing single-family dwellings, provided that:
    (a) 
    The existing dwelling has either a valid certificate of occupancy or a valid certificate of existing use effective as of December 31, 1999; and
    (b) 
    The proposed alteration does not decrease the width of any existing side yard; and
    (c) 
    The alteration does not include demolition of more than 40% of the building's perimeter as it existed on December 31, 1999; and
    (d) 
    The maximum height to the ridge does not exceed 30 feet; and
    (e) 
    After alteration, the lot will have two side yards, one on each side of the main building, each side yard having a width of at least seven feet and both side yards together having an aggregate width of not less than 25% of the width of the lot.
    B. 
    On a corner lot, a single-family dwelling shall have only one side yard. Said yard shall be on the side adjoining the interior lot opposite the front yard having the greater street frontage. Said side yard shall have a minimum width of seven feet. The two yards fronting on streets shall be considered front yards as provided under § 70-39B. The remaining yard shall be considered the rear yard and shall conform to the provisions of § 70-42.
    C. 
    On an interior lot, a main building other than a single-family dwelling shall have two side yards, each having a minimum of 20 feet in width.
    D. 
    On a corner lot, a building other than a single-family dwelling shall have only one side yard. Said yard shall be on the side adjoining the interior lot opposite the front yard having the greater street frontage. Said side yard shall have a minimum width of 20 feet. The remaining yard shall be considered the rear yard and shall conform to the provisions of § 70-42.
    E. 
    Where a garage door(s) faces a side property line, a setback of 25 feet shall be provided between the side property line and the closest point of the garage structure.
    [Added 1-3-2006 by L.L. No. 1-2006]
    F. 
    An areaway may extend into the required side yard, provided that, for any areaway projecting closer than four feet to a side property line, the entire areaway must be protected by a horizontal grating constructed in conformance with the requirements of the Building Code.
    [Added 1-3-2006 by L.L. No. 1-2006]
Amended 12-14-1999 by L.L. No. 14-1999