§ 153.088 HEIGHT AND AREA REGULATIONS.
   (A)   General height provision.
      (1)   Except as hereinafter provided, no building or structure shall be erected, enlarged, or reconstructed to exceed the height limit established for the zone wherein such building or structure is located.
      (2)   All areas governed by the Federal Aviation Administration (FAA) due to the area’s proximity near an airport or airstrip shall be regulated by the appropriate FAA height regulations.
   (B)   General area provisions. Except as hereinafter provided, no building or structure shall be erected on a lot unless such building, combined existing structure plus additions, conforms with the area regulations of the zone in which it is located.
      (1)   No lot area shall be so reduced, diminished, and maintained that the yards, other open space, or total lot area shall be smaller than prescribed by this subchapter, nor shall the density of population be increased in any manner except in conformity with the regulations herein established.
      (2)   Lots of record at the time of the enactment of this chapter which have less than the minimum area requirements for residential use may nevertheless be used for any use permitted therein, except that for dwellings, the lot must have a width of at least 90 feet and an area of at least 11,880 square feet.
      (3)   No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this chapter, shall be considered as providing a yard or open space for any other building; nor shall any yard or open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected.
      (4)   Every building hereafter erected shall be located on a lot as herein defined. In no case shall there be more than one residential building and its accessory building on one lot except a farm tenant dwelling may be erected on the same tract as the main farm dwelling. Row dwellings or group housing may be considered as one main residential building.
      (5)   At street intersections of an angle less than 60 degrees, shrubs or structures over three and one-half feet high will not be placed between the intersections of the street lines and ten feet from the building line.
      (6)   At each end of a through lot, there shall be a front yard of the depth required by this chapter for the zone in which each street frontage is located, and one of such front yards may serve as a required rear yard to permit accessory structures.
      (7)   Required lot area shall be excluded of proposed road right-of-way.
   (C)   Height regulations.
      (1)   Except as otherwise specifically provided in this section, no building or structure shall be erected, altered, enlarged, or reconstructed to exceed the height limits established for the district where such building is located, as follows.
 
Zone
Stories
Maximum Height
R-1, R-2, R-3
2
30
A, C-1, C-2
2.5
50
C-3, I-1, I-2
3
75
 
      (2)   (a)   In the zones limiting height to two stories not to exceed 30 feet, any permitted structure may be increased in height to three stories not to exceed 50 feet, provided the required side yards are increased an additional one foot for each three feet such structure exceeds 30 feet.
         (b)   On through lots 150 feet or less in depth, the height of a building may be measured from the adjoining curb level on either street.
         (c)   On through lots more than 150 feet in depth, the height regulations and basis of height measurements for the street permitting the greater height shall apply to a depth of not more than 150 feet from that street.
         (d)   Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, television aerials, steeples, roof signs, flagpoles, chimneys, smokestacks, wireless masts, water tanks, grain elevators, barns, silos, gas containers, material hoppers, or similar structures may be erected above the height limits herein prescribed; but no penthouse or roof structure, or any space above the height limit, shall be allowed for the purpose of providing additional floor space for residential, business, or industrial use.
   (D)   Lot area regulations in residential permitted zone. Except as otherwise specifically provided in this section, no residential building or structure shall be erected, altered, enlarged, or reconstructed to exceed the lot area limits established for the zone where such residential building is located, as follows.
Required Yard Area for Each Dwelling
Zone
Minimum Width of Front Building Line
Minimum Net Lot Area (S.F.)
Number of Units
S.F. of Yard
Required Yard Area for Each Dwelling
Zone
Minimum Width of Front Building Line
Minimum Net Lot Area (S.F.)
Number of Units
S.F. of Yard
Buildings Served by Individual Septic Systems*
A
120’
87,120 (2.0A)
1
82,120
174,240 (4.0A)
2
169,240
R-1
120’
87,120 (2.0A)
1
82,120
120’
174,240 (4.0A)
2
169,240
R-2
120’
87,120 (2.0A)
1
82,120
174,240 (4.0A)
2
169,240
Buildings Served by Public and Other Approved Community Sewer System**
A
100’
43,560 (1.0A)
1
16,000
R-1
100’
43,560 (1.0A)
1
16,000
R-2
120’
43,560
1
16,000
65,340
2
26,000
Other
R-3
120’
87,120 (2.0A)
1
N/A
Notes to Table:
* Add two acres for each addition unit over two.
* For each additional unit above two, add 20 feet to the minimum width of front building line.
** For each additional unit above two, add two acres.
 
   (E)   Yard regulations. Except as otherwise specifically provided in this section, no building or structure shall be erected, altered, enlarged, or reconstructed to exceed the yard limits established for the zone where such building is located, as follows.
      (1)   Each lot shall have a front yard with a minimum depth measured from, and parallel to, the edge of the nearest road right-of-way as shown on the county highway map maintained by the County Plan Commission in conjunction with the County Highway Department. Said map shall classify roads in the county as either arterial, primary, secondary, or local roads. Said designations may be changed from time to time depending upon development in the area and construction or reconstruction of the road.
 
Zone
Thoroughfare Type
Setback from Edge of Nearest Road Right-of-Way
All Zones
Arterial
150’
Local (Residential Streets)
40’
Primary
110’
Secondary
90’
Section and Half Section
50’
 
         (a)   Where a lot is situated between two lots, each of which has an existing main building thereon, the front yards of which are less than the minimum required front yards established herein, the front yard limit of such lot shall be the average of the front yards of said existing buildings.
         (b)   Where a lot abuts only one lot having an existing main building thereon, the front yard of which is less than the minimum required front yard established herein, the front yard limit of such lot shall be the average of the front yard of the existing building and the required front yard.
         (c)   In the case of a corner lot, the side yard width to the side street line shall be equal to at least one-half of the front yard depth limit for the district in which the lot is located. In no case shall the side yard width to the side street line be less than 20 feet.
      (2)   There shall be two side yards for each lot. The minimum width for each yard, along with the aggregate width for both yards, shall be as follows.
Zone
Condition
Minimum Width of One Side Yard
Aggregate Width of Both Yards
Zone
Condition
Minimum Width of One Side Yard
Aggregate Width of Both Yards
A
N/A
20’
40’
C-1, C-2, C-3, I-2, I-2
N/A
0’ but if a yard is provided, limit is 4’. However, if residential dwelling is constructed, side yard shall be the same as R-1
0’ but if a yard is provided, limit is 8’, provided however, if residential dwelling is constructed, side yard shall be the same as R-1
First floor of C or I zone building is used for recreational purposes
6’
20’ of lot width
C or I zone abuts a R zone
6’ plus 4’ for each C or I zone building story above first story
Twice the limit for one yard
R-1
N/A
20’
25% of lot width
R-2
N/A
20’
20% of lot width
R-3
N/A
20’
30’
 
      (3)   There shall be a rear yard for each lot, the minimum depth of which shall be as follows.
 
Zone
Minimum Depth
A, R-1, R-2
25% of lot depth
C-1, C-2, C-3, I-1, I-2
0’ but if a yard is provided, limit is 4’. However, if residence dwelling is constructed, rear yard will be 25% of lot depth
C or I zone abuts an R zone
20% of lot depth, not less than 20’
R-3
20’
 
      (4)   Yard limits within a mobile home park are as follows.
         (a)   Front yard: Minimum front yard from hitch to lot line shall be six feet; in the case of a removed hitch, the minimum front yard from trailer to lot line shall be ten feet.
         (b)   Side yard: Minimum side yard shall be 15 feet. Minimum distance between mobile homes shall be 30 feet; minimum distance between any additions to or projections of a mobile home and the next adjacent mobile home shall be 20 feet. In any event, the aggregate total of side yards shall not be less than 30 feet.
         (c)   Rear yard: Minimum rear yard shall be 20 feet.
      (5)   The lot area and yard exceptions and modifications shall be as follows.
         (a)   Where the yard regulations cannot reasonably be complied with or their application determined on lots of peculiar shape, location, or topography, such regulations may be modified or determined by the Board, as provided for in § 153.027(A)(4).
         (b)   Where a lot is situated between two lots, each of which has a main building which projects beyond the ordinance established front yard line and was so maintained when this chapter became effective, the front yard requirement on such lot may be the average of the front yards of said existing buildings, provided, however, the front yard of such lot shall be not less than ten feet.
         (c)   Where a lot adjoins only one lot having a main building which projects beyond the ordinance established front yard line and has been so maintained since this chapter became effective, the front yard requirement on such lot may be the average of the front yard of the existing building and the established front yard line, provided, however, the front yard of such lot shall be not less than ten feet.
         (d)   For the purpose of side yard regulations, the following dwellings with common party walls shall be considered as one building occupying one lot: semi-detached dwellings, row dwellings, and group dwellings.
         (e)   The front and side yards may be waived for dwellings, motels, and lodging houses erected above the ground floor of a building when said ground floor is designed and used exclusively for business and/or industrial purposes.
         (f)   An accessory building, not exceeding 20 feet in height may occupy not more than 30%of the area of a required rear yard, providing it is no less than five feet from any side or rear lot line.
         (g)   Where a through lot has a depth of 200 feet or more, and an area of 20,000 square feet or more, said lot may be assumed to be two lots with the rear line of each approximately equidistant from the front lot lines, provided all area requirements are complied with.
      (6)   Yard projections are as follows.
         (a)   A porte cochere may be permitted over a driveway in a side yard, provided such structure is not more than one story in height and 20 feet in length, and is entirely open on at least the front and rear sides, except for the necessary supporting columns and customary architectural features; provided, however, said porte cochere does not extend to within six feet of a side lot line.
         (b)   A cornice, eave bolt course, sill, canopy, or other similar architectural feature (not including bay window or other vertical protection) may extend or project into a required front, side, or rear yard not more than two feet, provided the width of such side yard is not reduced to less than three feet.
         (c)   A fire escape may extend or project into any required front, side, or rear yard not more than four feet.
         (d)   An open, unenclosed stairway or balcony, not covered by a roof or canopy, may extend or project into a required rear yard, and such balcony may extend into a required front yard not more than 30 inches.
         (e)   An open, unenclosed porch, platform, or land place not covered by a roof or canopy, which does not extend above the level of the first floor of the building, may extend or project into any required side yard not more than four feet and into any required front or rear yard not more than eight feet.
         (f)   A fence, lattice-work screen, or wall in connection with residential use, not more than six feet in height, but not to extend into the required front yard, or a hedge or thick growth of shrubs, maintained so as not to exceed four feet in height, may be located in any required front or side yard.
         (g)   A landscape feature such as trees, shrubs, flowers, or plants shall be permitted in any required front, side, or rear yard, provided it does not violate the provisions of § 153.088(E).
   (F)   Recreational space requirements.
      (1)   A recreational space requirement is required for all R-1 and R-2 zones and any agricultural or other zone where residential housing is being planned or proposed.
      (2)   (a)   The following standards are to be utilized in the evaluation of all required recreation space in a Commission approved development plan and in the approval of subdivisions requiring recreational space.
         (b)   The Commission approved recreation space shall be approved in all zones as defined in § 153.088(F)(5). The purpose of providing this base shall be to meet the immediate and future recreational needs of the development’s residence and a neighborhood setting. Recreation space may be provided in a centrally located site, in distinctly separate sites, as connecting links between separated activity areas, or adjacent to other existing or proposed recreation spaces. The Commission shall determine if the proposed recreation space is suitable for the intended use. Consideration shall be given to the location of the proposed recreation space, and it shall be reasonably close to and adjacent to residential areas or centrally located between phased developments. Wasteland or land undesirable for development shall not be substituted for recreational space unless its location and suitability is consistent with recreational use.
      (3)   All developments with recreational space must contain acceptable covenants which, in the opinion of the Commission, ensure adequate maintenance of those recreation spaces.
      (4)   Recreational space shall be required when, in the opinion of the Commission, it would be desirable for the proposed development considering the surrounding area and the density of families benefitting from open space and recreational uses. Therefore, a recreational space requirement may be required by the Commission for minor subdivisions if, in the opinion of the Commission, all the above criteria are present and it would be desirable for the proposed development and surrounding area to have recreational space included as part of the plan. Unless extenuating circumstances exist, recreational space will generally not be required in the case of minor subdivisions.
      (5)   Recreational space shall be required in all major subdivisions of more than ten lots and may be required in major subdivisions of ten or fewer lots if, in the opinion of the Commission, it is determined that such recreational space is desirable and necessary to the orderly development of the area. In major subdivisions of over ten lots, the minimum amount of recreational space which shall be required shall be a minimum of 10% of the total area developed with a minimum of 32,670 square feet.
      (6)   The term RECREATIONAL SPACE shall be interpreted to mean void of non-recreational structures, street rights-of-way, open parking areas, and driveways for dwellings. The space qualified for RECREATIONAL SPACE shall be made reasonably level and suitable for organized or unorganized play and recreation by children and adults. The developer may, but is not required to, provide specific playground equipment and physical improvements.
      (7)   Space intended for limited recreational activity or other uses, such as a golf course, to which all residents of the development may not be permitted free access because of the payment of a fee or charge, shall not qualify in meeting the recreational space requirement herein.
(Ord. 2005-01, passed 2-17-2005; Ord. 2017-04, passed 4-11-2017; Ord. 2017-8, passed 5-30-2017) Penalty, see § 153.999