(A) Continued Conformity With Bulk Regulations: The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space, or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space or minimum lot area requirements for any other zoning lot.
(B) Division Of Zoning Lots: No improved zoning lot shall hereafter be divided into two (2) or more lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which such zoning lot is located. (Ord. 09-05, 5-18-2009)
(C) Location Of Required Open Space: All yards and other open spaces allocated to a building shall be located on the same zoning lot as such building.
(D) Required Yards, Existing Buildings: No yards, now or hereafter provided for a building existing on the effective date hereof, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this title for equivalent new construction. (Ord. 63-1, 4-1-1963)
(E) Setback From Watercourses: If the base flood elevation, as defined in section 4-5-2 of this code, is interior to one or more lot lines, the base flood elevation shall serve as the beginning point for measurement of the minimum yard requirements as provided in accordance with the regulations of this title. Upon an application made by the owner of the subject property as further provided herein, the setback from a watercourse may be less than the applicable yard requirement if unobstructed open space is guaranteed in a conservation easement, restrictive covenant, or other perpetual agreement recommended by the plan commission and after a public hearing, approved by the board of trustees based on an affirmative finding that the guarantee of open space: 1) provides equal or greater protection for the natural resources of the area, and 2) preserves the quality of light, air, and views of the subject property and other property in the locality, and 3) the reduction in the setback will not otherwise have an adverse impact on the watercourse or the drainage from the subject property or onto other properties in the locality. An application for relief from the setback requirements shall be made by the owner of the subject property, or if by another person having interest therein, with the written concurrence of the owner of the subject property. An application for relief shall be filed in writing with the enforcing officer. The application shall contain such information as the plan commission may, from time to time, by rule, require. Notice of the time and place of the public hearing shall contain such information as the plan commission may, from time to time, by rule, require. Notice of the time and place of the public hearing shall be published at least once, not less than fifteen (15) days' prior written notice of the time and place of the public hearing by certified mail, return receipt requested, to all owners of property within two hundred fifty feet (250') (not including street rights of way) of the boundary of the subject property. (Ord. 03-04, 2-24-2003)
(F) Permitted Obstructions In Required Yards: The following shall not be considered to be obstructions when located in the required yards specified:
1. In All Yards: Open terraces but not including a permanently roofed over terrace or porch; awnings and canopies; steps which are necessary for access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting eighteen inches (18") or less into the yard; recreational and laundry drying equipment; arbors and trellises; flagpoles; fences, walls and berms not exceeding five feet (5') in height above natural grade level; and open type fence exceeding five feet (5') in height, but not more than eight feet (8') in height, provided that visibility at right angles to any surface of such fence not be reduced by more than fifty percent (50%); and containers of one cubic yard or larger in which refuse, manure or similar substances are placed but only on the day preceding, the day of, and the day after scheduled pick up or collection of the contents of the container, provided that if the container is three (3) cubic yards or larger, then the container may remain in the required yard at all times if the container is screened, for its entire height, from the view of any adjacent lot and any public or private street and right of way.
2. In Front Yards: One-story bay windows projecting three feet (3') or less into the yard; overhanging eaves and gutters projecting three feet (3') or less into the yard.
3. In Rear Yards: Open off street parking spaces; balconies; breezeways and open porches; one-story bay windows projecting three feet (3') or less into the yard; and overhanging eaves and gutters projecting three feet (3') or less into the yard.
4. In Side Yards: Overhanging eaves and gutters projecting eighteen inches (18") or less into the yard. (Ord. 63-1, 4-1-1963; amd. Ord. 77-17, 9-26-1977; Ord. 83-11, 10-24-1983; Ord. 98-1, 3-30-1998; Ord. 21-21, 12-16-2021)