§ 42-151. Exceptions to building line requirement.

(a)

A tract within the central business district shall not be subject to a building line requirement.

(b)

For a building line requirement of ten feet or greater established by this article, an encroachment shall be permitted as follows:

(1)

An encroachment of up to 30 inches into the building line requirement shall be permitted for eaves, bay windows, balconies, fireplace chimneys, decorative features, and habitable area if:

a.

The encroachment is cantilevered into the building line requirement and is not supported by other means;

b.

The lowest point of the encroachment is at least nine feet higher than the highest point of the building foundation;

c.

The encroachment for habitable living area for each floor does not have an area greater than 50 percent of the total area of the building façade for that floor; and

(2)

An encroachment of up to five feet into the building line requirement shall be permitted for open stairways and wheelchair ramps.

(c)

For a building line requirement less than ten feet established by this article along a collector or local street, an encroachment of up to 30 inches shall be permitted for eaves, bay windows, balconies, fireplace chimneys, decorative features and habitable living area if:

(1)

The encroachment is cantilevered into the building line requirement and is not supported by other means;

(2)

The lowest point of the encroachment is at least nine feet higher than the highest point of the building foundation;

(3)

The encroachment for habitable living area for each floor does not have an area greater than 50 percent of the total area of the building façade for that floor; and

(4)

The encroachment is not within ten feet of aboveground utility lines except those individual service lines used to connect the building to the utility lines, as measured horizontally from the point of the encroachment closest to the utility lines,.

(d)

An encroachment of up to 30 inches into the building line requirement along a type 2 permanent access easement established by this article shall be permitted if:

(1)

The encroachment is cantilevered into the building line requirement and is not supported by other means; and

(2)

The lowest point of the encroachment is at least nine feet higher than the highest point of the building foundation.

(e)

Encroachments into the building line requirement along a shared driveway established by this article shall be permitted if:

(1)

The encroachment is cantilevered into the building line requirement and is not supported by other means; and

(2)

The lowest point of the encroachment is at least 12 feet higher than the highest point of the shared driveway paving.

(f)

An encroachment into the building line requirement as provided by this article shall be permitted for any building that has received a certificate of appropriateness issued pursuant to article VII, chapter 33, of this Code, relating to historic preservation, evidencing approval of the encroachment into the building line requirement.

(g)

An existing building may encroach into the building line requirement established by this article if:

(1)

The existing building was constructed in accordance with the building line requirement that was in effect at the time the building was constructed;

(2)

Additional construction on the portion of the existing building that encroaches into the building line requirement does not expand the size, footprint, or any dimension of the encroachment;

(3)

The portion of the existing building that encroaches into the building line requirement is not reconstructed in a way that replaces the structural elements of the encroachment; or

(4)

A subdivision plat filed with the department after July 24, 2015 that includes a tract containing the existing building depicts the encroachment as a dual building line and contains a plat notation that requires compliance with the terms of this section.

(Ord. No. 2013-343, § 3(Exh. A), 4-24-2013; Ord. No. 2015-639, § 22, 6-24-2015, eff. 7-24-2015)