The height limitations of this chapter, as shown on the Area and Bulk Schedule (§ 227-13), shall not apply to the following structures, subject to Subsections B and C of this section:
A. 
Church spires, belfries, cupolas and domes not used for human occupancy, chimneys, ventilators, skylights, water tanks, bulkheads and other necessary mechanical appurtenances usually carried above the roof level; parapet walls or cornices, provided that they do not exceed the height limit by more than five feet; radio or television receiving antennas, public utility transmission towers or cable or windmills.
B. 
No such uses shall, in their aggregate coverage, occupy more than 10% of the roof area on which they are located or 5% of the lot area, if freestanding.
C. 
Any proposed structure exceeding 100 feet in height shall be permitted only by special permit issued by the Planning Commission.
A. 
Where a lot in a business district abuts a lot in a residential district, there shall be provided along such abutting side, on said business lot, a yard at least equal in width to that required in the abutting residential district. In said yard a strip 12 feet wide immediately adjacent to said residential lot shall not be used for storage of any material or goods, parking or roadway and shall be suitably landscaped. Unless waived by the abutting residential property owner, a solid fence or all-weather hedge of at least six feet, but not more than eight feet in height, shall be provided along the abutting side on said business lot. Such fence or hedge shall begin at a point no more than five feet from the front and/or side property line and shall extend the full length of the abutting lots.
B. 
Where a lot in an industrial district abuts a lot in a residential district, there shall be provided a yard of at least 50 feet in width in the industrial district. In said yard a strip 20 feet wide abutting the said residential district shall not be utilized for roadways or parking or storage of any materials or goods and shall be suitably landscaped. Unless waived by the abutting residential property owner, a solid fence or all-weather hedge at least six feet, but not more than eight feet in height, shall be provided on said industrial lot for the full length of the abutting property line.
C. 
Where the property on one side of a street is zoned partly for residential use and partly for business or industrial use, the front yard depth along such street shall be at least equal to the required front yard depth of the residential district, and in no case shall such yard be smaller than required for the district in which the lot is located.
On a corner lot, each side which abuts a street shall be deemed a front lot line, and the required depth along each such lot line shall be that of the required front yard. The owner shall decide which of the remaining yards shall be the required side yard and the required rear yard.
[Added 11-26-1990 by L.L. No. 8-1990]
The required front yard shall be measured from the abutting right-of-way or street line, except that, where such right-of-way or street is less than 50 feet in width, the required front yard shall be measured from a line 25 feet from and parallel to the center line of the abutting street or right-of-way. In no case, however, shall any front yard be required to be greater than the average front yard of all structures on the same side of the street within 200 feet in either direction or within the same block front, whichever distance is less.
On a corner lot in any residence district, no obstruction to vision more than 2 1/2 feet in height above street grade shall be erected, placed or maintained within the triangular area formed by the intersecting street lines of such lot and a straight line joining points along such street lines 50 feet distant from their point of intersection.
[1]
Editor's Note: For related provisions, see Ch. 196, Streets and Sidewalks, and Ch. 200, Subdivision of Land.
For any through lot, fronting on parallel or abutting streets, both frontages shall comply with the front yard requirements of the district in which it is located.
Where two or more principal residential buildings are to be located on the same lot in an R-3 district, the exterior walls containing windows shall be separated from the nearest point on any adjacent building by a horizontal distance perpendicular to the wall with windows equal to at least twice the width of the required side yard for the particular district in which the buildings are located.
A. 
An accessory building shall be permitted in any required rear yard if the aggregate ground area covered, including the ground area covered by any encroachments other than cornices and eaves, shall not exceed 15% of the rear yard area in any residential district, or 50% of the rear yard area in any business or industrial district.
B. 
Accessory buildings not attached to principal buildings shall be located no closer to the principal buildings than 12 feet or a distance equal to the height of each accessory building, whichever is greater. Accessory buildings physically attached to a principal building are deemed to be part of such principal building in applying bulk regulations.
The space in any required yard shall be open and unobstructed except as follows:
A. 
Windowsills, belt courses, bay windows, cornices, eaves and other similar architectural features shall be permitted to project no more than four feet.
B. 
Awnings and canopies shall be permitted to project a maximum of six feet.
C. 
Open fire escapes shall be permitted to project a maximum of six feet into required side yards or courts, but shall not project into required front yards or required open areas and shall not be placed on walls facing toward a street.
D. 
Any open or enclosed porch or carport shall be considered a part of the building in the determination of the size of the required yard or lot coverage.
An outer court shall have a minimum width that is:
A. 
No shorter than its depth.
B. 
Not less than 1/2 the height of the highest wall bounding such court.
C. 
In no case less than 15 feet.
A. 
An inner or enclosed court shall have a minimum horizontal dimension that is:
(1) 
Not less than the height of the highest wall bounding such court.
(2) 
In no case less than 25 feet.
B. 
Two open and unobstructed passageways, each at least eight feet high and 10 feet wide, shall be provided at ground level for access to an inner court.
A. 
For every dwelling unit on any lot in R-2 and R-3 Districts, there shall be provided at least 300 square feet of open area with a minimum horizontal dimension of 15 feet.
B. 
Such open area may be located anywhere on the lot and may be provided in more than one plot, provided that no plot shall be smaller than the minimum required in § 227-56A.
C. 
The maximum slope of required open areas may not exceed 10%. Required open areas shall be unobstructed, except as permitted in § 227-52.
A. 
No required pedestrian or vehicular access or entrance to a building, other structure or tract of land shall be required from a street shown on the Comprehensive Master Plan as to be abandoned.
B. 
A lot to be used for building purposes shall have direct frontage on a public street.
C. 
Unobstructed and direct accessways between a street and a parking area shall be provided. There shall be a minimum of:
(1) 
One accessway, at least eight feet wide, for parking areas with five spaces or less.
(2) 
One accessway, at least 10 feet wide, for parking areas having six to 20 spaces.
(3) 
Two accessways, at least 10 feet wide each, for parking areas with over 20 spaces, unless waived by the Planning Board during site plan approval upon a finding that two accessways are unnecessary or impractical.
[Amended 11-26-2007 by L.L. No. 9-2007]
D. 
Accessways, at least 10 feet in width, shall connect all loading berths or areas to a street. Such accessways may be coincidental with access roadways or driveways to parking areas.
Buildings containing both residential and nonresidential uses are permitted in the R/O District, subject to the following requirements:
A. 
All lot, bulk and parking requirements for each use shall be satisfied.
B. 
Separate entrances and exits shall be provided for residential and nonresidential portions of the building.
[Added 2-8-1988 by L.L. No. 2-1988; amended 10-10-2006 by L.L. No. 14-2006]
Row houses may be developed in the R-2, R-3 or R/O Districts on individual lots owned in fee simple or under condominium ownership subject to the requirements set forth below.
A. 
Location. Row houses may be located in the R-2 District east of the Sandburg Creek and in the R-3 and R/O Districts.
B. 
Parcel area. The area of the total parcel, prior to subdivision, must meet the minimum area requirement established in the Area and Bulk Schedule,[1] for the district in which it is located, except that, in the R-2 District, the minimum site area shall be one acre.
[1]
Editor's Note: The Area and Bulk Schedule is located at the end of this chapter.
C. 
Density and lot size. The maximum number of lots permitted on a parcel shall be determined by dividing the total parcel area (square feet), less any land in a designated floodway or occupied by a utility easement, by 3,000. No individual row house lot shall be less than 16 feet wide, but no minimum lot area is required.
D. 
Access. Access to individual lots may be provided by private streets or common easements providing access to a public street.
E. 
Design standards. In its review of a site plan and/or subdivision for row house development, the Planning Commission shall require adherence to the following design standards to the maximum extent practical:
(1) 
Row houses shall be sited with the main (front) entrance facing the adjacent public street or internal street on the site.
(2) 
The Planning Commission may approve a reduction in the required front yard to 15 feet in order to create an urban facade compatible with the adjacent neighborhood.
(3) 
No more than two adjacent front facades may have identical architectural features and details. The objective of facade design shall be to create a group of related buildings with compatible but not repetitive features that provide an attractive streetscape.
(4) 
Off-street parking shall be provided in internal parking lots or individual garages with access from internal service alleys. Individual garages with direct access from adjacent streets shall not be permitted nor shall open parking lots located between the front of a building and the adjacent street be permitted.
(5) 
No more than six row houses shall be attached, and no group of attached row houses shall exceed 120 feet in length. A separation of at least 25 feet shall be provided between the ends of attached row houses.
F. 
Homeowners' association or maintenance agreement. Prior to final approval, appropriate documents, subject to the approval of the Village Attorney, shall be prepared and approved to ensure:
(1) 
Perpetual access to and use of all common areas, driveways and access roads by all owners of individual lots.
(2) 
Maintenance of all common areas, driveways, access roads, building exteriors and landscaped areas.
(3) 
That all townhouses shall be used only as single-family dwellings.
G. 
Approval procedures. Row house subdivisions shall be subject to site plan review by the Planning Commission, as well as subdivision approval in accord with Chapter 200, Subdivision of Land.
H. 
Bulk requirements. The bulk requirements applicable to each district as provided in § 227-13, Schedule of Area and Bulk Regulations, shall be applied to the total parcel prior to subdivision but shall not apply to the individual, subdivided row house lots.