64-323 - Special regulations for required yards and open spaces for zoning lots with flood-resistant
buildings

LAST AMENDED
12/5/2024


For #zoning lots# with #flood-resistant buildings#, the regulations for #yards# and #open space# shall be modified in accordance with the provisions of
this Section.

(a)   Level of required yards

       In all districts, the underlying #yard# regulations shall be modified to allow the level of a #yard# or a #rear yard equivalent# to be located higher
       than #curb level#, provided that it does not exceed the #flood-resistant construction elevation#, and the level set forth by the following
       regulations:

       (1)    in #Residence Districts#, the final grade of #front yards# and #side yards# shall not penetrate a plane that begins three feet above #curb
              level# at each #lot line# and has a slope extending perpendicular to #lot lines# of one foot vertical for each 2 feet 6 inches of horizontal
              distance;

       (2)    in #Commercial# and in #Manufacturing Districts#, for portions of #zoning lots# where Sections 33-29 and 43-30 (SPECIAL
              PROVISIONS APPLYING ALONG DISTRICT BOUNDARIES) apply, the level of #front yards# and #side yards# may be permitted
              to exceed #curb level# only pursuant to paragraph (a)(1) of this Section.
       Nothing in this Section shall be construed so as to permit the creation of spaces below grade on all sides in a manner inconsistent with #flood-
       resistant construction standards#.

(b)    Permitted obstructions

       (1)    Covered porches, balconies, and covered access areas

              In all districts, a porch or access area covered by a roof or other permanent structure shall be permitted obstructions in any required
              #open space# or #yard# on the #zoning lot#. Where permanent structures such as balconies are located directly above a porch or access
              area, such balconies may exceed the width and depth standards of Section 23-62 (Balconies).

       (2)    Retaining walls

              In #Residence Districts#, retaining walls shall be permitted in #front yards# and #side yards# provided any retaining wall parallel to, or
              within 15 degrees of being parallel to, the #street# shall not exceed a maximum height of three feet, as measured from the level of the
              adjoining grade or planted area below such wall, so that no more than three feet of such retaining wall is visible from the #street#; and

       (3)    Fences

              In #Residence Districts#, portions of fences located in #front yards# with height greater than four feet above #curb level# shall be
              required to be no more than 50 percent opaque.

(c)    Front yard planting requirement

       In R1 through R5 Districts, where the distance between the #street wall# and the #street line# is 10 feet or less, or for #zoning lots# with #front
       yards# that are shallower than the minimum required pursuant to the applicable district regulations, stairs, ramps or lifts that access the #first
       story above the flood elevation# shall be exempted from the area of a #front yard# for the purpose of calculating the planting requirements of
       Section 23-613 (Front Yard Planting Requirements).