§ 27-638. Reduced yard requirements.

(a)

Established setback. Where the majority of developed lots on the same street frontage and within 100 feet of a proposed building site are developed with buildings having a front yard or corner side yard less than required in this division, a building may be erected at the average front yard line of such nonconforming buildings unless such adjacent buildings are in the process of being acquired for street widening.

(b)

Earth-sheltered dwellings. All portions of an earth-sheltered dwelling which are visible in whole or in part above the finished grade line, including, but not limited to, wing walls, retaining walls, and other such integral and necessary components of the dwelling's structure, shall conform to the applicable minimum yard requirements of the relevant zoning district. Those portions of the structure that are wholly underground may be exempted from these minimum requirements in the course of the review process, provided that all requirements of the International Building Code, as adopted and amended by the unified government, are met.

(c)

Rear yard not required. No rear yard shall be required in districts C-1 to M-3 inclusive on any lot used for business or industrial purposes, the rear line of which adjoins a railroad right-of-way or which has a rear railroad track connection.

(d)

Accessory residential buildings. An accessory building to a residential use may occupy not more than 30 percent of a required rear yard, and no accessory building shall be located within three feet of any side or rear property line or less than two feet from an alley.

(Code 1988, § 27-1304; Ord. No. 64690, § 1(27-65.6), 8-30-1984; Ord. No. 64884, § 12, 10-3-1985; Ord. No. 65417, § 24, 4-6-1989)