[Added 4-25-2023 by Ord. No. 23-06[1]]
[1]
Editor's Note: This ordinance also repealed former Art. VII, RS1 - Single-Family Residential District, as amended 11-11-1992; 5-25-1993 by Ord. No. 93-07; 12-7-1993 by Ord. No. 93-12; 5-13-1997 by Ord. No. 97-09; 10-14-1997 by Ord. No. 97-21; 10-13-1998 by Ord. No. 98-18; 3-14-2000 by Ord. No. 00-05; 3-13-2001 by Ord. No. 01-02; 1-15-2002 by Ord. No. 02-01; 1-15-2002 by Ord. No. 02-02; 6-24-2003 by Ord. No. 03-14; 2-28-2006 by Ord. No. 06-03; 3-25-2008 by Ord. No. 08-05; 6-23-2009 by Ord. No. 09-11; 12-15-2009 by Ord. No. 09-33; and 1-25-2011 by Ord. No. 11-03.
[Amended 12-17-2024 by Ord. No. 24-30]
A. 
Area requirements (with public sewer).
District
Requirement
Single-Family Dwelling
Duplex
Townhouse
Multiplex
Apartment
Mobile/ Manufactured Home Park
AC
Lot size (square feet)
5,000
4,000
-
-
-
-
Frontage (feet)1
50
40
-
-
-
-
Lot width (feet)
50
40
-
-
-
-
Density3 (units per acre)
3.5
3.5
-
-
-
-
AR
Lot size (square feet)
5,000
4,000
-
-
-
-
Frontage1 (feet)
50
40
-
-
-
-
Lot width (feet)
50
40
-
-
-
-
Density3 (units per acre)
3.5
3.5
-
-
-
-
RS1
Lot size (square feet)
5,000
4,000
1,800
-
-
-
Frontage1 (feet)
45
40
18
-
-
-
Lot width (feet)
45
40
18
-
-
-
Density3 (units per acre)
4
4
4
-
-
-
RMH
Lot size (square feet)
4,500
3,000
-
-
-
3,000 of berthing space
Frontage1 (feet)
40
25
-
-
-
-
Lot width (feet)
40
25
-
-
-
-
Density3 (units per acre)
6
6
-
-
-
8
RS5
Lot size (square feet)
4,500
3,000
1,600
-
-
-
Frontage1 (feet)
40
25
16
-
-
-
Lot width (feet)
40
25
16
-
-
-
Density3 (units per acre)
6
6
6
6
-
-
RM
Lot size (square feet)
4,000
3,000
1,600
-
-
3,000 of berthing space
Frontage1 (feet)
35
25
16
-
-
-
Lot width (feet)
35
25
16
-
-
-
Density3 (units per acre)
10
10
10
10
10
10
NOTES:
1
Minimum frontage of 100 feet on any nonsubdivision street.
2
(Reserved)
3
Areas partially within the Growth Zone with central sewer and water shall be a calculated number of dwelling units per acre based on the formula below:
(Area within Growth Zone x permitted density) + (Area outside overlay zone x permitted density) = Total dwelling units permitted.
Total dwelling units permitted/total site area = Site density
B. 
Development without public sewer service.
(1) 
Minimum lot size in all zoning districts: 0.5 acre.
(2) 
Minimum road frontage: 150 feet.
C. 
Setbacks.
(1) 
AC, AR, RS1, RS5, RMH Zoning Districts.
(a) 
Front: 20 feet.
(b) 
Side: 5 feet.
(c) 
Rear: 10 feet.
(2) 
RM Zoning District.
(a) 
Front: 18 feet.
(b) 
Side: 5 feet.
(c) 
Rear: 10 feet.
(3) 
Front setbacks from nonsubdivision streets shall be 40 feet.
(4) 
For major subdivision and land development applications, the Regional Planning Commission, upon the request of an applicant, may authorize a reduction in the required front yard setback to achieve an overall neighborhood design objective, if alleys are proposed. Two off-street parking spaces per unit will still be required.
(5) 
Principal nonresidential structures must also meet the setbacks of this section [Subsection D(4)].
D. 
Height limits.
(1) 
AC, AR, RS1, RS5, RMH Zoning Districts: maximum height of 35 feet.
(2) 
RM Zoning District: maximum height of 50 feet.
(3) 
Maximum height may be increased above the limitation of Subsection D(1) and (2) of this section for elevation required by the National Flood Insurance Program.
(4) 
Principal nonresidential structures:
(a) 
Shall have all yard and setback requirements increased to be equal to the highest part of the structure when exceeding the height limits of a principal structure listed above.
(b) 
AC, AR: maximum height of 80 feet.
(c) 
RS1, RMH: maximum height of 35 feet.
(d) 
RS5, RM: maximum height of 60 feet.
[Amended 4-22-2025 by Ord. No. 25-09]
A. 
Area requirements.
AC/AR
Frontage (feet)
200
Lot width (feet)
150
RS1
Frontage (feet)
150
Lot width (feet)
100
RMH
Frontage
150 feet
Lot width
100 feet
RS5
Frontage
150 feet
Lot width
100 feet
RM
Frontage
150 feet
Lot width
100 feet
Maximum density and minimum lot size as provided in Chapter 187, Subdivision and Land Development, § 187-53D(8), Table X-2. Minor subdivision follows same.
B. 
Setbacks.
(1) 
Front (subdivision street): 30 feet.
(2) 
Side: 15 feet.
(3) 
Rear: 30 feet.
C. 
Front setbacks from nonsubdivision streets shall be 40 feet.
D. 
Height limits.
(1) 
AC, AR, RS1, RS5, RMH Zoning Districts: 35 feet.
(2) 
RM Zoning District: 50 feet.
(3) 
Maximum height may be increased above the limitation of Subsection D(1)and (2) of this section for elevation required by the National Flood Insurance Program.
(4) 
Principal nonresidential structures.
(a) 
Shall have all yard and setback requirements increased to be equal to the highest part of the structure when exceeding the height limits of a principal structure listed above.
(b) 
AC, AR: maximum height of 80 feet.
(c) 
RS1, RMH: maximum height of 35 feet.
(d) 
RS5, RM: maximum height of 60 feet.
[Amended 4-22-2025 by Ord. No. 25-08]
A. 
Area requirements.
BN/OC
Setbacks
Front: 40 feet
Side: 10 feet
Rear: 25 feet
Lot size
No minimum with sewer 0.5 acre without public sewer
Frontage
100 feet
Lot width
100 feet
Maximum height
35 feet
BG
Setbacks
Front: 40 feet
Side: 20 feet
Rear: 40 feet
Lot size
N/A
Frontage
150 feet
Lot width
150 feet
Maximum height
35 feet
IL
Setbacks
Front: 40 feet
Side: 25 feet
Rear: 40 feet
75 feet from residential dwellings on adjacent parcels
Lot size
1 acre
Frontage
100 feet
Lot width
100 feet
Maximum height
75 feet
IG
Setbacks
Front: 60 feet
Side: 50 feet
Rear: 50 feet
100 feet from residential dwellings on adjacent parcels
Lot size
1 acre
Frontage
150 feet
Lot width
150 feet
Maximum height
75 feet
All districts:
Maximum height may be increased above the limitation of this section for elevation required by the National Flood Insurance Program.
A. 
Setbacks.
Use
AC, AR, RS1, RS5, RM, RMH
Side/Rear Setback1
(feet)
Setback from Dwelling Not on Premises
(feet)
An accessory structure, enclosure, coop or run used to house or shelter a domestic (pet) animal or domestic fowl
25
N/A
An accessory structure, enclosure, coop or run used to house or shelter or sell livestock other than a domestic (pet) animal 2
502
1502
Chicken houses
100 (front, side, and rear)2
300 (front, side, and rear)2
Manure storage
100 (front, side, and rear)2
200 (front, side, and rear)2
NOTES:
1
Not permitted within the front setback.
2
Must be in association with a bona fide farm.
A. 
Except as otherwise provided by this chapter, an accessory structure shall not be located in the front yard or front setback of any parcel (as defined by this chapter) unless the accessory structure is located at least 100 feet from the front property line and/or side street line.
B. 
An accessory structure may be located no closer than five feet from the side or rear property line of any conforming or legal nonconforming parcel.
C. 
The regulations set forth in Subsections A and B above shall not apply to manufactured home parks, school bus shelters, telephone booths or structures housing water well pumps which are used exclusively for farming operations.
D. 
Temporary fencing used primarily for construction projects and soil erosion protection shall not be used for permanent residential or commercial fencing. This type fencing includes, but is not limited to, such fencing as the bright fluorescent orange fencing and the solid black fencing.
E. 
Height limits.
(1) 
AC, AR, RS1, RS5, RM, RMH: 20 feet.
A. 
Accessory structures.
(1) 
Accessory structures or accessory uses shall be limited and located on the same lot with the principal structure or use to which they are necessary.
(2) 
Any accessory structure attached to a principal structure, including attachment by means of a breezeway or roof passage, shall comply with the requirements of this chapter concerning principal structures. All other accessory structures shall conform to the requirements for accessory structures in the district in which they are located.
(3) 
In an AC, AR, RMH, RM, RS5, or RS1 Residential District, an accessory structure on the same lot with a residential use may not be used for residential purposes except properly approved ECHO housing or a properly approved accessory dwelling unit.
(4) 
An accessory structure may dominate the area of the principal structure by not more than 10%. The total square footage of both the principal and accessory structures shall be calculated using the definition of floor area in this chapter with the inclusion of attached garages and covered porches.
(5) 
A noncommercial antenna structure or satellite dish may be authorized as an accessory structure in any residential district, provided that:
(a) 
The height of the structure does not exceed the lesser of:
[1] 
The width or depth of the property as determined by a line bisecting the structure and measured from one side of the property line to the other or from the front property line to the rear at the shortest distance there between; or
[2] 
One hundred feet.
(b) 
The setback for the central vertical portion of the antenna structure is at least 10 feet from each property line for a structure up to 35 feet high, and 10 feet plus one additional foot for each three feet in excess of 35 feet for a structure over 35 feet high: and
(c) 
Each rigid radiating element of an antenna structure is set back at least 10 feet from any property line; and
(d) 
The construction is of a type required by the Division of Inspections and Enforcement to form a safe and durable structure.
B. 
Street frontage.
(1) 
No lot may be created without adequate street frontage, and such lots shall be determined to be unbuildable.
(2) 
Except as provided in a specific zoning district, a structure may not be used in whole or in part for residential purposes unless the lot in which it is located:
(a) 
Abuts for at least 18 feet on a public street; or
(b) 
Has an unobstructed easement for ingress and egress to a public street and the easement is at least 18 feet wide.
(3) 
No more than one structure used in whole or in part for residential purposes shall be permitted for each frontage or easement, except that a common easement of access measuring at least 40 feet wide may be provided for two or more structures.
(4) 
On a corner lot, the front street shall be the street with the shorter street frontage.
C. 
Setbacks.
(1) 
Any setback or other open space allocated to a structure shall be located on the same lot as the structure.
(2) 
Except as provided in this subsection, required setback and open space shall be unobstructed and open to the sky.
(3) 
Architectural features for principal structures, such as windows, sills, chimneys, bilco doors, egress windows, cornices, eaves, or bay windows may project no more than three feet into a required yard area and no closer than five feet from any lot line. The sum of the bay window projections on a wall may not exceed 1/4 of the length of the wall.
(4) 
An open unenclosed porch, patio, or deck may project into required side and rear setback areas, provided that all such structures shall observe a minimum setback of 10 feet from all side and rear property lines or may extend into the required front yard setback no more than 40% of the required front yard setback, and no closer than 15 feet to the right-of-way line. Furthermore, if a nonconforming front yard setback exists, created by the lawful construction of the principal structure, the 40% shall be determined based on the legal nonconforming front yard setback. This section does not extend to properties where variances were granted for relief of the front yard setback. All open unenclosed porches, patios, and decks that project into the required setback shall be constructed at grade or at the first-floor level of the building. Any enclosed porch, patio, or deck, or porch having a roof and capable of being enclosed, shall be considered a part of the structure in the determination of the size of the setback or the amount of lot coverage, except that a porch, patio, or deck with only a roof and no walls of any type may project into the required front setback by no more than six feet. Any porch, patio, or deck, both enclosed and unenclosed, shall not occupy more than 30% of the minimum required side or rear yard setback area.
(5) 
Notwithstanding any provision to the contrary, if the average front yard setback of structures located on either side of a lot differs from the minimum setback required by this chapter, the setback shall approximate the average setback of the next nearest structures.
(6) 
Handicapped ramps open, unenclosed and not covered by a roof or canopy shall maintain a five-foot setback from the front, side, and rear property lines.
(7) 
Fences, walls, and hedges.
(a) 
The setback requirements of this chapter do not prohibit an otherwise lawful fence or wall, if the fence or wall does not impair visibility at any access to a public road and does not conflict with the provisions of this section.
(b) 
Except for patio homes, an ornamental fence or wall not more than four feet in height may project into or enclose any required front or side setback to a depth from the street line equal to the required depth of the front setback. Ornamental fences or walls may project into or enclose other required setbacks, provided that such fences and walls do not exceed a height of seven feet.
(c) 
A structure, fence, wall, hedge or planting more than two feet high as measured above the street surface at the nearest edge of the pavement may not be erected, placed or maintained on a corner lot within a triangular area formed by the intersecting street lines. The sides of the triangular area shall measure 25 feet from the point where the street lines will intersect if extended to the apex. The provisions of this subsection do not apply to trees more than six feet apart or to existing trees, provided that all branches are located at least six feet above the ground.
(8) 
Recreation facilities (residential and nonresidential).
(a) 
A private recreational facility, such as a tennis court, basketball court, aboveground swimming pool, or at-grade swimming pool that is permitted as an accessory use on a residential lot for a single-family or two-family use, shall be located so that the edge of the facility, including any deck or patio is at least 10 feet from each lot line.
(b) 
Each community recreational facility, such as a tennis court, basketball court or at-grade swimming pool, shall be located at least 30 feet from each lot line, structure, or dwelling unit, 25 feet from any right-of-way, and shall be screened in accordance with the provisions of this chapter.
D. 
Height requirements and exemptions.
(1) 
Applicability.
(a) 
Except within an Airport Approach Zone, the height limitations specified in this chapter do not apply to:
[1] 
Flagpoles.
[2] 
Church spires.
[3] 
Belfries.
[4] 
Cupolas.
[5] 
Domes not used for human occupancy.
[6] 
Chimneys, ventilators, skylights, water tanks, windmills, solar collectors, or similar roof features.
[7] 
Lightning rods.
(b) 
The features enumerated above shall be created only to a height necessary to accomplish the purpose intended and in no event more than 15 feet above the lowest point of contact with the roof.
(2) 
Roof features, such as water tanks, cooling towers, air-conditioning units, elevator shafts and bulkheads, shall be enclosed within the walls of the structure and designed in harmony with the main walls of the structure on which they are located.
(3) 
A public governmental building, place of worship or hospital may be erected to a greater height than otherwise permitted, provided that the front, side and rear setbacks are increased not less than one foot for each foot by which the structure exceeds the height limitation established for the district in which the structure is located.
(4) 
Unless otherwise provided in this section, a parapet wall may extend not more than five feet above the height limit for the district in which it is located.
E. 
Slope development.
(1) 
Slopes with a grade of 15% or greater may not be developed unless:
(a) 
The development will facilitate the stabilization of the slope.
(b) 
The principal structure is designed to be constructed on piers or pilings.
(c) 
All slope development is first approved by the Department of Planning Services, Division of Planning, and the Kent Conservation District.
(2) 
A fifty-foot planted buffer area shall be located and maintained between the principal structure and the crest of slopes with a grade of 25% or greater.
(3) 
Drainage for structures and lots may not be channelized toward any slope of a 15% grade or greater.