No building shall be hereafter erected, structurally altered
or relocated or moved onto a lot except in conformity with the following
locational regulations as hereinafter specified and for the district
in which it is located:
A. Building must be on a lot. Every building hereafter erected, structurally
altered or relocated shall be placed on a lot as defined in this chapter
and regulated in this article.
B. Only one principal residence building on a lot. Except as provided
in the district regulations for attached single-family dwellings,
apartments, manufactured housing projects, or planned development
projects, only one principal residence building shall be permitted
on a lot.
The proximity of a building, structures, or uses to a public
street or way is regulated by setback provisions as follows:
A. The minimum horizontal distance between the front lot line, measured
at a right angle to such lot line, and the nearest point of a building
or structure shall be the front setback as regulated by this chapter.
In the case of an interior lot abutting upon only one street, the
front lot line shall be the line separating such lot from such street.
In the case of a through lot, each line separating such lot from a
street shall be considered a front lot line, In the case of a corner
lot, the shorter line separating such lot from a street shall be considered
the front lot line.
B. No building shall hereafter be erected, structurally altered or relocated
so that it is closer to the front lot line than the setback distance
herein specified by the regulations of the district in which it is
located, except that, in the case of a new residential building to
be located adjacent to one or more existing residential buildings
which are placed farther back than the required setback, the following
increased setback shall apply:
(1) Where only one adjacent residence with an increased setback is within
250 feet or two lots, whichever is less, of the proposed residence,
the average between the required setback and that of the existing
residence shall be applied.
(2) Where the nearest existing residences on both sides of a proposed
residence and within 250 feet or two lots thereof, whichever is less,
have increased setbacks, the average of the adjacent increased setbacks
shall apply.
C. How measured. The setback as required in this section preceding shall
be measured from the nearest enclosed or roofed portion of a building;
provided, however, that the first two feet of an overhanging eave
and gutter shall not be included, nor the first six feet of uncovered
stairs, landings and fire escapes, provided that they do not extend
closer than three feet to the lot line.
D. Structures and uses permitted in setback. The only structures permitted
within the setback area shall be necessary highway and traffic signs,
public utility lines and poles, telephone booths, walls and fences
as regulated herein, mailboxes (no less than two feet from a side
yard line), signs as permitted under the district regulations, structures
other than buildings as regulated herein, temporary structures, outdoor
lighting installations and unenclosed canopies for lighting and rain
protection in conjunction with such uses as automobile fuel sales
or drive-in commercial facilities, provided that such canopy structures
are approved by the Plan Commission.
(1) Walks, drives, paved terraces and purely decorative garden accessories
such as fountains, pools, statuary, flagpoles, etc., where subject
to permanent structure classification, shall be permitted in setback
but not closer than two feet to an abutting property line, except
that walks, drives and paved terraces may abut the street or alley
line.
[Amended 8-10-2015]
(2) Fences, walls, hedges, clothes poles, children's play apparatus and architectural screening devices where anchored to supports embedded in the ground shall be considered permanent structures and shall be subject to the regulations of structures other than buildings, Article
IX.
E. Vision setback lines at the intersections of public streets and of
a street with a railroad or alley, where the grade is not separated,
in all districts except the C-4 Office District, are hereby established
as follows:
[Amended 8-10-2015 by Ord. No. 2015-123]
(1) Across each sector between intersecting streets, one or more of which
has a designated width of 100 feet or greater, a vision setback line
shall be established by a straight line connecting two points of the
intersecting base setback lines, which points are located 30 feet
from the intersection of said base setback lines.
(2) Across each sector between any other intersecting street, a vision
setback line shall be established by a straight line connecting two
points on the intersecting base setback lines, which points are located
20 feet from the intersection of said base setback lines.
(3) Across each sector between an alley and an intersecting street, a
vision setback line shall be established by a straight line connecting
two points on the intersecting base setback lines, which points are
located 10 feet from the intersection of said base setback lines.
F. In the vision setback area, no structure and no landscaping of any
kind shall be permitted which obscures vision between a height of
2 1/2 feet to 10 feet above the elevation of the center of the
intersection, except for necessary highway and traffic signs, public
utility lines, and open fences through which there is clear vision.
G. On corner lots of record, as of the date of this chapter, the effect
of the setback regulations shall not reduce the buildable width of
such corner lot to less than 30 feet.
The proximity of any portion of a building to any other lot
line other than a street line is regulated by side yard and rear yard
provisions as follows:
A. No building shall hereafter be erected, structurally altered or relocated
so that a roofed or enclosed portion thereof is closer to any lot
line than the side yard or rear yard distance herein specified by
the regulations for the district in which it is located, except as
follows:
(1) Individual districts may establish differing side and rear yard requirements
for accessory structures than for principal structures, and for the
side of a lot than for the other sides. The Zoning Administrator may
require a driveway side yard where, in the Administrator's judgment,
a present or future owner is likely to install a driveway, and the
Administrator may deny permits for driveways into side yards with
less than the driveway side yard requirement.
(2) In case of any lot of record which has a width less than that required
by the district in which it is located, the side yard from a side
lot line may be reduced proportionately to the ratio between the actual
width and the required width; provided, however, that no side yard
in any case shall be less than 1/2 the required side yard, except
that the side and rear yards for detached garages may be reduced to
three feet.
(3) In the case of single-family attached, multiple-family, commercial,
or industrial use structures, two or more buildings on adjoining lots
may be erected with common or directly adjoining walls, provided that
the requirements of the State Commercial Building Code relative to
such construction are complied with, and provided that, at both ends
of such row-type buildings, the applicable side yard requirements
shall be complied with.
B. How measured. The side yards and rear yards shall be measured from
the roofed or enclosed portion of a building, including overhanging
eaves, except that the first two feet of an overhanging eave and gutter
shall not be included where the yard requirement exceeds five feet.
C. Courtyards. In all districts which allow common wall construction
or do not require a side yard or rear yard, all buildings which are
hereafter erected, structurally altered or relocated having any rooms
required by the Building Code to have light and ventilation by windows opening directly
to the outer air shall provide courts as follows:
(1) Outer courts. The width of any required court shall be not less than
the height of any opposing wall forming said court. The depth of an
outer court formed by walls on three sides shall be not greater than
1 1/2 times the width.
(2) Inner courts. The least dimension of an inner court shall be not
less than the full height of the walls enclosing such court.