Following is a list of special notes which are referenced in the yard, lot and area requirements table. Notes 1–12 are general and may apply to more than one district. Notes 13–52 are specific to the district under which they are listed. Although this Section is divided into subsections, the special notes are numbered consecutively for ease of reference with the Yard, Lot, and Area Requirements in Section 23.
(1)
In any zoning district, the following shall apply: If the minimum lot width requirement is all that is provided, the lot shall have adequate depth to conform to the minimum lot size requirement. If the minimum lot depth requirement is provided, the lot shall have adequate width to conform to the minimum lot size requirement. In any case, in any zoning district the width and depth of the lot shall combine to meet or exceed the minimum lot size requirements, and in no case shall the width or depth of a lot be less than the minimum noted for that zoning district.
(2)
The area requirements for any single-family detached residential activity in any non-single-family detached zoning district shall be the same as the area requirements for that activity in the R-1 zoning district. The area requirements for any residential activity other than single-family detached in any zoning district shall be the same as the requirements for that activity in the zoning district in which it is first listed as a permitted use.
(3)
Whenever a C-1, C-2, C-3, I-1 or I-2 District adjoins an A-E, R-1, R-2, MF or MH District, a buffer shall be required as provided for in Section 29.
(4)
All outside lighting features shall be placed and reflected in such a manner so as not to create a glare or sheen onto adjacent property as to create annoyance, nuisance, or hazards.
(5)
All outside signs in the C-1, C-2, C-3, I-1, or I-2 Districts shall be of the parapet wall, marquee, or flat wall type, except that standard pole signs for drilling facilities shall be permitted provided they do not exceed thirty-six (36) square feet in area.
(6)
Where dwelling facilities are provided behind, above, or within businesses, the lot area requirements shall be the same as those required for dwellings in the R-2 Zoning District.
(7)
In order to provide for adequate vision clearance for traffic and pedestrian safety, no wall, fence, structure, sign, tree, shrub, topographic feature, merchandise, or hedge shall be maintained or located as to cause danger to traffic by obstructing the view.
(8)
The front yards herein required shall be adjusted in the following cases:
(a)
Where thirty-five (35) percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have, with variation of five (5) feet or less, a front yard greater or less in depth than herein required, new buildings shall not be erected closer to the street than the building line so established by the existing buildings. However, this regulation shall not be interpreted as requiring a building line of more than fifty (50) feet.
(b)
Where frontage between two intersecting streets is developed with buildings that have not observed a front yard as described in (a) above, then:
1.
Where a building is to be erected on a parcel of land and will not be more than two hundred (200) feet from existing buildings on either side, the building line shall be a line drawn between the two closest front corners of the adjacent [buildings] on the two sides.
2.
Where building is to be erected on a parcel of land that is within two hundred (200) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building. However, this regulation shall not be interpreted as requiring a building line of more than fifty (50) feet.
(c)
Where building line has been established by an approved subdivision plat or by ordinance and such line requires a greater or lesser setback than is prescribed by this article in the district in which the building line is located, no building shall be erected closer to the street than the line so established.
(d)
Where a building line is shown on a plat recorded for record with the county clerk prior to the passage of this article, and such building line provides a front yard of twenty-five (25) feet or more in depth and a side yard of ten (10) feet or more in depth and is part of a comprehensive plan for the orderly development of a subdivision, either with a uniform or staggered building line, no building shall be erected closer to the street than the building line or lines so shown.
(e)
Open and unenclosed terraces or porches and eaves and roof extensions may project into the required front yard for a distance not to exceed four (4) feet; provided, however, that no supporting structure for such extensions may be located within the required front yard. The supporting structure of an open carport or other structure for the storage of automobiles shall not be located within the required front yard. An unenclosed canopy for a gasoline filling station or similar business may extend beyond the building line but shall never be closer to the property line than twelve (12) feet. The building line of a gasoline filling station shall mean the actual wall of the filling station and shall not be interpreted as being the curb of a walk or driveway, or as the front of a canopy or the column supporting same.
(9)
The side and rear yards required shall be adjusted in the following cases:
(a)
A structure built on a corner lot shall observe the same setbacks established by structure built on the two adjoining lots. A minimum setback of 10 feet shall be required under any circumstances, and under no circumstances shall a setback greater than 50 feet be required. Lots which are separated by a dedicated public right-of-way shall not be considered adjoining lots.
(b)
Every part of the required side or rear yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary projection of window sills, belt courses and other ornamental features projecting not to exceed twelve (12) inches. Eaves and awnings on main residential structures may project to within three (3) feet of side or rear lot line.
(c)
An accessory building may be built to the rear of the main building. A side and rear setback of five (5) feet shall be maintained by the accessory building.
(d)
Open or lattice-enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers, and ordinary projections of chimneys and flues into rear yards may be permitted by the building inspector into the required rear yard for a distance not to exceed three and one-half (3-1/2) feet.
(e)
Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the finished floor elevation of the ground (first) floor level of the building may project into a required side yard provided such projections not be erected closer than two (2) feet from the side lot lines.
(10)
The minimum lot area requirements shall be varied from under the following conditions: On any lot separately owned prior to the passage of this zoning ordinance, even though of less area than required by these regulations, a single-family house may be erected provided that it is listed as a permitted use in the zoning district in which the lot is located.
(11)
The following regulations shall apply to the location of more than one main building on a property. Only one main building for single-family, two-family, or four-family use with permitted accessory buildings may be located on a lot or unplatted tract. Every dwelling shall face or front upon a public right-of-way or officially approved place, other than an alley, which means of access shall have a minimum width of thirty (30) feet. Where a lot is used for retail, commercial, industrial, or a combination of same, or for a combination of business and dwelling purposes, more than one (1) main building may be located upon the lot, but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and districts and when all such main buildings face upon a public right-of-way, other than an alley. Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a public right-of-way, the same may be permitted when the site plan for such development is approved by the Planning and Zoning Commission so that all buildings face upon an officially approved place.
(12)
The minimum floor area requirements for houses in the R-1 District shall be varied under the following conditions: The minimum floor area requirements established herein in the R-1 District shall not apply in built-up areas where forty (40) percent of the existing block face based on the number of platted lots, is already developed with houses having living areas of smaller size than required by the provisions of the two respective classifications. Houses may then be built with a living area that is no smaller than the smallest house in the block face.
(Ordinance 2017-001 adopted 2/20/17)