A. 
Existing zone lots of record. In any R District, only a single-family detached dwelling or an appurtenant use accessory to an adjacent principal permitted use may be erected on a nonconforming zone lot of official record at the effective date of this chapter, irrespective of its area or width, the owner of which does not own any adjoining property which would create a conforming lot if all or part of said property were combined with the subject zone lot; provided, however, that such lots shall be considered as separate lots in those cases where the development of such lots shall conform with the setback requirements of this chapter; and provided, further, that no lot or lots in single ownership shall hereafter be reduced so as to create one or more nonconforming lots; and provided, further, that on any nonconforming lot no side yard shall be less than five feet nor shall any side yard adjoining a side street be less than 10 feet; provided, further, that the rear yard of any such lot shall in no case be less than 10 feet, and the front yard shall be as required in § 260-21B.
B. 
Minimum lot sizes where there is no central water or sewer. Unless the regulations of the district in which they are located or other state or local regulations require greater lot areas or lot widths, the following regulations shall apply:
(1) 
When not served by public water or sewer, the minimum lot area per dwelling unit shall be not less than 20,000 square feet nor less than 100 feet in width at the front lot line when such lot is not served by a public water or sanitary sewer system; and provided, further, that any dwelling erected on such lot shall be in accordance with the yard and coverage requirements as specified in any R-1 District.
(2) 
Not served by public sewer. Lots served by a public water system and an individual on-lot sewage disposal system such as a cesspool or septic tank shall not be less than 10,000 square feet in area per dwelling unit nor less than 80 feet in width at the front lot line and shall be in accordance with the following yard and coverage requirements:
(a) 
Minimum lot depth: 100 feet.
(b) 
Minimum front yard: 25 feet.
(c) 
Minimum side yard (one): 10 feet.
(d) 
Minimum side yard (both): 25 feet.
(e) 
Maximum lot coverage: 25%.
C. 
Lot frontage. The minimum lot frontage of any lot shall be measured between the minimum building setback line as required for the district where located and a parallel line not more than 10 feet beyond the setback line. The width of any lot in any district, except C and M Districts, shall not be less than 30% of the depth of said lot at the front lot line; provided, however, that no lot need exceed a width of 300 feet unless otherwise required in the district where located, nor shall any such lot having a depth of 300 feet or more be less than 50 feet along the front line.
D. 
Corner lots. At all intersecting public right-of-way lines, no obstructions to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the intersecting public right-of-way and a line drawn between points along such street lot lines 30 feet distant from their points of intersection. All trees or tree branches extending into this area shall be trimmed so that branches are at least 10 feet above the street grade.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Through lots. Where a single lot under individual ownership extends from a street to an alley, the widest street shall be deemed the street upon which the property fronts and no principal structures and no dwelling shall be erected which shall face on the rear of such a lot; provided, however, that dwelling groups shall not be subject to this limitation on the location of principal structures.
F. 
Required area or space cannot be reduced. The area or dimension of any zone lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter; and if already less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
A. 
General application. No building or structure shall have a greater number of stories than are permitted in Article IV hereof; provided, further, that the aggregate height of such buildings or structures shall not exceed the number of feet permitted in Article IV, except as otherwise provided herein in Subsection B.
B. 
Permitted exceptions.
(1) 
Height limitations stipulated elsewhere in this chapter shall not apply to open amusement areas, barns, silos, schools, church spires, belfries, cupolas and domes, monuments, water towers, utility poles, chimneys, smokestacks, flagpoles, radio and television towers, masts and aerials or to parapet walls extending not more than four feet above the limiting height of the building.
(2) 
In any district other than the R-1 or R-2 Districts, a building may be permitted to exceed the height limit of the district where it is to be located and may be erected up to a height of not more than six stories or 75 feet, whichever is less, provided that it can be shown that adequate fire protection will be available and that such modification shall be approved by the Zoning Hearing Board, upon the review and approval of the Planning Commission, only in accordance with the procedures established for the approval of a special exception.
(3) 
Elderly housing, as defined in Article II, may be erected up to a height of three stories, but shall not exceed a height of 40 feet.
[Added 6-14-2005 by Ord. No. 467]
C. 
Conical surface zone. The Zoning Map includes the delineation of a conical surface zone pertaining to the Danville airport. Within this zone, no obstruction, including a structure, growth or other object, including a mobile object shall be permitted to a height which would result in its elevation to or greater than 909 feet above mean sea level.
A. 
Side yards.
(1) 
Side yard width may be varied. When the side wall of a building is not parallel with the side lot line or is broken or irregular, the side yard may be varied. In such cases the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such side yard shall not be narrower at any point than 1/2 the otherwise required minimum width; and provided, further, that no building wall shall be nearer to any point on a side property line than five feet.
(2) 
Side yard of corner lot. Any corner lot delineated by subdivision after the adoption of this chapter shall provide a side street setback line which shall not be less than the minimum front yard required on any adjoining lot fronting on a side street.
B. 
Front yard exception. When an unimproved lot is situated between two improved lots, each having a principal building within 25 feet of any side lot line of such unimproved lot, the front yard may be reduced to the greatest depth of the front yard of the two adjoining improved lots, but shall be not less than 15 feet. Where any unimproved lot shall front on a right-of-way which is proposed on the municipality's Official Map to be widened, the front yard of such lot shall be as required by Article IV hereof and shall be measured from such proposed future right-of-way.
C. 
Front yard of corner lot. The front yard of any corner lot shall be established on the wider of the two streets abutting said lot, except where the widths of the two abutting streets are equal, then the front yard may be established on either street.
D. 
Projections into required yards. Certain architectural features may project into required yards as follows:
(1) 
Cornices, canopies, eaves or other architectural features may project into a side yard a distance not exceeding two inches per one foot of side yard width, but may not exceed a total of three feet.
(2) 
Fire escapes may project into side and rear yards a distance not exceeding four feet six inches.
(3) 
Bay windows, balconies, fireplaces, uncovered stairways and necessary landings and chimneys may project a distance not exceeding four feet, provided that such features do not occupy, in the aggregate, more than 1/3 of the length of the building wall on which they are located.
(4) 
Open patios and decks may be located in side yards and rear yards. If the patio/deck is located less than eight feet from a side or rear property line, it shall be screened in accordance with § 260-25A hereof. If the patio/deck is located eight feet or more from a side or rear property line, no screening shall be required. In no case, however, shall any patio or deck be nearer to any side or rear property line than three feet. In case of a corner lot, no enclosed patios shall extend into the side yard adjoining such side street.
E. 
Additional yards required where nonresidential uses abut R Districts. All nonresidential uses first permitted in C-1 or less restrictive districts which abut, at the lot line or on the same street, an R District, shall provide yards, where they abut, of not less than 50 feet in depth; provided, however, that if the yard requirement for the nonresidential use is greater, then such greater distance shall be required. Such yards shall be maintained as landscaped open spaces and shall not be occupied by parking, loading or outdoor storage uses.
A. 
Building coverage. Land coverage by principal and accessory buildings or structures on each zone lot shall not be greater than is permitted in Article IV or other pertinent sections of this chapter.
B. 
Impervious coverage. The maximum impervious coverage as set forth in Article IV hereof shall apply to the combined coverage by buildings and other surfaces such as paving for driveways and parking areas.
There shall be not more than one principal dwelling structure nor more than two accessory structures, including a private garage, on each residential zone lot except as otherwise provided herein for dwelling groups, large-scale developments and transient dwelling facilities; and provided, further, that a swimming pool and all necessary facilities and structures related to a swimming pool shall be considered to be one accessory structure.
A. 
Maximum permitted height. One and one-half stories or 15 feet.
B. 
Minimum yard regulations.
(1) 
Unattached accessory structures in R Districts. Accessory structures which are not attached to a principal structure may be erected within one of the side yards or within the rear yard, but not in the front yard; provided, further, that accessory structures may be erected in yards of residential properties if such structures comply with the following:
(a) 
Rear yard: three feet; if fronting on an alley: 10 feet.
(b) 
Side yard, corner lot: same as for the principal structure and if fronting on an alley: 10 feet.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c) 
Side yard, interior lot: three feet.
(2) 
Attached accessory structures in R Districts. When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.
(3) 
Nondwelling accessory structures in other districts. Nondwelling accessory structures shall comply with front and side yard requirements for the principal structure to which they are accessory and shall be not closer to any rear property line than 10 feet.
A. 
Enclosed uses. Any enclosed use as may be required by this chapter to be landscaped in accordance with this subsection shall provide a visual screen not less than six feet high, consisting of a fence or evergreen-type hedges or shrubs spaced at intervals of not more than six feet, located and maintained in good condition within 15 feet of the property line adjoining or abutting an R District.
B. 
Unenclosed uses. Except for nurseries and the display for sales purposes of new or used cars, motorcycles, trucks, trailers or farm equipment in operative condition or other similar uses, any use which is not conducted within a completely enclosed building shall be entirely enclosed by a six-foot-high solid fence maintained in good condition or evergreen-type hedges or shrubs, which shall be not less than six feet in height, at intervals of not more than six feet and maintained in good condition.
C. 
Landscaping requirements for parking lots. The objective of this provision is to protect and promote the public health, safety and general welfare by requiring the landscaping of parking lots which will serve to reduce heat and noise and the glare of vehicle lights; to preserve underground water reserves and return precipitation to the groundwater; to act as a natural drainage system and ameliorate stormwater drainage problems; to reduce soil erosion; to provide shade; to relieve the blighted appearance of parking lots; and to facilitate the creation of a convenient and attractive community.
(1) 
Landscape plan.
(a) 
No parking lot of 10 or more spaces shall be constructed, enlarged or reconstructed until a landscape plan for that parking lot has been approved by the Zoning Officer. The Zoning Officer shall not approve the landscape plan submitted to him unless it conforms to the requirements of this section.
(b) 
Landscape plans shall be prepared by a registered architect, professional engineer, landscape architect or other qualified landscaper and may be submitted as an element of the site plan.
(c) 
Landscape plans shall be drawn to scale, including dimensions and distances, and shall clearly delineate the existing and proposed parking spaces or other vehicular use areas, access aisles, driveways and the location, size and description of all landscape materials.
(2) 
Parking lot landscaping design criteria.
(a) 
All parking lot landscaping shall be of such quality as to improve and enhance the site and its surrounding areas.
(b) 
The primary landscaping materials used in parking lots shall be trees which provide shade or are capable of providing shade at maturity. Shrubbery, hedges and other planting material may be used to complement the tree landscaping but shall not be the sole contribution to the landscaping. Effective use of earth berms and existing topography is also encouraged as a component of the landscape plan.
(c) 
The interior dimensions of any planting area or planting median shall be sufficient to protect the landscaping material planted therein and to ensure proper growth.
(d) 
In those instances where plant material exists on a parking lot site prior to its development, such landscape material may be used if approved as meeting the requirements of this chapter.
(3) 
Planting materials. All planting materials shall be suitable for planting in the municipality and shall require minimal maintenance. All shade trees to be used shall be eight to 10 feet in overall height upon planting and of a variety which shall attain an average mature spread greater than 20 feet.
(4) 
Interior coverage requirements. Where a parking lot has more than two rows, not less than 6% of the interior of a parking lot shall be landscaped and one tree shall be planted for every 200 square feet of required interior landscaped area. The landscaping and planting areas shall generally be dispersed evenly throughout the parking lots. Where a parking lot abuts buildings on the subject property on more than one side, border plantings adjacent to those buildings may be considered as part of the interior landscape requirement.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Perimeter coverage requirements. Perimeter landscaping shall be required along any side of a parking lot of 10 or more spaces that abuts adjoining property that is not a right-of-way. A landscaping strip having a minimum width of four feet shall be located between the parking area and the abutting property lines.
(6) 
Street coverage requirements.
(a) 
Street landscaping shall be required along any side of a parking lot of 10 or more spaces that abuts the right-of-way of any street, road or highway.
(b) 
A landscaping strip having a minimum width of five feet shall be located between the abutting right-of-way and the parking lot.
(c) 
One tree shall be planted for each 40 linear feet of the landscaping strip.
(7) 
Maintenance. The owners and their agents shall be responsible for providing, protecting and maintaining all landscaping in healthy and growing condition, replacing it when necessary and keeping it free of refuse and debris.
A. 
Uses to be enclosed. All nonresidential uses, except for off-street parking and loading facilities, service stations, transportation terminals, storage yards, junkyards, vehicle sales lots and similar uses, shall be conducted wholly within a completely enclosed building.
B. 
Unenclosed nonresidential uses. Unenclosed M District uses. All M District uses which are not conducted wholly within a completely enclosed building shall be not less than 100 feet distant from any R District.
C. 
Special regulations for housing for the elderly.
(1) 
Maximum density. Increased density for housing for the elderly. In any R District where housing shall be designed for occupancy by elderly persons 60 years of age or older, the minimum lot area required per dwelling unit shall be reduced to permit a maximum density of 40 dwelling units for elderly persons per net acre.
(2) 
Off-street parking. Accessory off-street parking required to serve housing for the elderly shall be provided in an amount of not less than one space per three elderly dwelling units.
D. 
Enclosure of porches.
(1) 
In any new construction, no porch shall extend into any required yard except open patios and decks as provided under § 260-21D.
(2) 
Any open patio, deck or porch which has been constructed within any required yard prior to the date of this chapter shall not be enclosed, except as follows:
(a) 
On an interior lot where such porch shall be located in a front yard and the enclosure of such porch would be on a property where such enclosure would not extend beyond the front wall of the building or porch of any adjoining property.
(b) 
On a corner lot, the same provisions described in this subsection shall apply. In adding the enclosure of a front porch, it must also be in accordance with § 260-19D concerning the clear sight triangle.
(c) 
The enclosure of a front porch in a required front yard of either a corner lot or an interior lot shall not be allowed if such property adjoins an undeveloped zone lot in separate ownership.
E. 
Fences.
(1) 
Fences and walls may be erected, altered and maintained within the yards, excluding required buffer yards, with the following provisions:
[Amended 10-12-1999 by Ord. No. 405]
(a) 
Any such fence or wall in the front yard shall not exceed five feet in height.
(b) 
Any fence or wall in the side or rear yard may be a maximum of eight feet in height.
(c) 
Any fence or wall located in the side or rear yard exceeding six feet in height shall contain openings therein equal to 50% of the area of that portion of the wall or fence exceeding six feet. Any fence or wall located in the front yard exceeding four feet in height shall contain openings therein equal to 50% of the area of that portion of the wall or fence that exceeds four feet.
[Amended 8-12-2014 by Ord. No. 520]
(2) 
No fence shall be constructed in any street or alley right-of-way.
(3) 
Fences shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
(4) 
All walls, fences and similar structures must meet the intersection visibility requirements set forth in § 260-19D; they shall not be erected or altered and hedges, trees or other growth shall not be planted or maintained which may cause danger to traffic on a sidewalk, street or road by obstructing the view or passage. In the event that trees are planted or maintained in this area, they shall be trimmed so that branches are at least 10 feet above the street grade.
[Amended 11-8-2011 by Ord. No. 507]