1149.02 SUPPLEMENTARY LOT, HEIGHT AND YARD REGULATIONS.

   (a)    Zone Lot Regulations.

      (1)    Existing zone lots of record. In any "R" District a dwelling may be erected on a nonconforming zone lot of official record at the effective date of the Zoning Ordinance irrespective of its area or width, the owner of which does not own any adjoining property which would create a conforming lot if all or part of such property were combined with subject zone lot, provided, however, that no lot or lots in single ownership shall hereafter be reduced so as to create one or more nonconforming lots, and provided further, that on any nonconforming lot no side yard shall be less than four feet nor shall any side yard adjoining a side street be less than ten feet; provided further that the rear yard of any such lot shall in no case be less than ten feet, and the front yard shall be as required in subsections (c)(1) and (2) hereof.

      (2)    Corner lots. At all street intersections, no obstructions to vision (other than an existing building, post, column or tree) exceeding thirty inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines thirty feet distant from their points of intersection.

      (3)    Through lots. Where a single lot under individual ownership extends from a street to an alley, the widest street shall be deemed the street upon which the property fronts and no principal structures and no dwelling shall be erected on the rear of such a lot.

      (4)    Required area or space cannot be reduced. The area or dimension of any zone lot, yard, parking area or other space shall not be reduced to less than the minimum required by the Zoning Ordinance; and, if already less than the minimum required by the Zoning Ordinance, such area or dimension may be continued and shall not be further reduced.

   (b)    Height Regulations.

      (1)    General application. No building or structure shall have a greater number of stories than are permitted in Section 1149.01 , provided further that the aggregate height of such buildings or structures shall not exceed the number of feet permitted in Section 1149.01 , except as provided in subsection (b)(2) hereof.

         (Ord. 58(72-73). Passed 11-21-73.)

      (2)    Permitted exceptions.

         A.   Height limitations stipulated elsewhere in the Zoning Ordinance shall not apply to church spires, belfries, cupolas and domes, monuments, water towers, chimneys, smokestacks, flag poles, radio and television towers, but not including telecommunications antenna and towers, masts and aerials; or to parapet walls extending not more than four feet above the limiting height of the building.

         B.   Height regulations as adopted in Belpre Code of Ordinances Chapter 1151 shall apply to all telecommunications antenna and tower sites.
(Ord. 20(2016-17). Passed 8-28-17.) 

   (c)    Yard Regulations.

      (1)    Side yards.

         A.    Side yard width may be varied. Where the side wall of a building is not parallel with the side lot line or is broken or irregular, the side yard may be varied. In such cases, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such side yard shall not be narrower at any point than one-half the otherwise required minimum width.

         B.    Side yard of corner lot. The side street setback line of any corner lot as it existed at the time of adoption of the Zoning Ordinance or any corner lot shown on any subdivision plat which received final approval prior to the adoption of the Zoning Ordinance shall not be less than one-half of the depth of the minimum front yard required on any adjoining lot fronting on a side street. However, any corner lot delineated by subdivision after the adoption of the Zoning Ordinance shall provide a side street setback line which shall not be less than the minimum front yard required on any adjoining lot fronting on a side street.

         C.    Corner or double frontage lots. Lots which front or abut on more than one street shall provide the required front yards along every street.

      (2)    Front yard exception. When an unimproved lot is situated between two improved lots, each having a principal building within twenty-five feet of any side lot line of such unimproved lot, the front yard may be reduced to the greatest depth of the front yard of the two adjoining improved lots, but shall not be less than fifteen feet; provided, however, that where any lot shall front on a right of way which is proposed, on the official map of the City, to be widened, the front yard of such lot shall be as required by Section 1149.01 , and shall be measured from such proposed future right of way.

      (3)    Projections into required yards. Certain architectural features may project into required yards as follows:

         A.    Cornices, canopies, eaves or other architectural features may project into side yards a distance not exceeding two inches per one foot of side yard width but may not exceed a total of three feet.

         B.    Fire escapes may project into side yards and rear yards a distance not exceeding four feet, six inches.

         C.   Bay windows, balconies, fireplaces, uncovered stairways and necessary landings, and chimneys may project a distance not exceeding four feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

            (Ord. 58(72-73). Passed 11-21-73.)

      (4)   Bulk and area modifications and exceptions for cul-de-sacs.

         A.   Reduction of side and rear yards for lots of record.

            1.   On lots less than fifty feet wide, existing and of record at the time of the adoption of this section, the required side yard may be reduced one and one-half inches for each foot such lot is less than fifty feet in width; provided that in no case shall the width of the side yard be reduced to less than three feet.

            2.   On lots less than 150 feet deep, existing and of record at the time of the adoption of this section, the depth of a required rear yard may be reduced two inches for every foot such lot is less than 150 feet deep provided that in no case shall the depth of the required rear yard be reduced to less than ten feet.

         B.   Average depth of front yards. In any R District, no front yard for a principal building of three stories or less shall be required to exceed:

            1.   The average depth of existing front yards on lots abutting on each side; or

            2.   The average depth of existing front yards on all lots on the same side of the street within the same block and within 200 feet when fifty-one percent or more of the lots are improved with residence buildings, which ever is greater; provided that in no case shall a front yard for a principal building of three stories or less be less than ten feet.

         C.   Side yard where lines are not parallel. Where exterior and side wall of a building is not parallel with the side lot line, or where a side yard is irregular, the average side yard width may be considered the required minimum width; provided the side yard shall not be narrower than three feet, and the side yard width along any unbroken section of side wall shall not be less than that required for a side wall of equivalent length and story height.

         D.   Required rear yard where lot is irregular shape. In the case of an irregular shaped lot, the required minimum depth of a rear yard may be deemed to be the average depth; provided that no rear yard so averaged shall be less than ten feet.

         E.   Front and side yard increase for length of building. The front yard shall be increased above the minimum by one foot for each ten feet by which the length of the building wall abutting such front yard exceeds feet. The side yard shall be increased above the minimum by one foot for each ten feet by which the length of the building wall abutting such side yard exceeds sixty feet. For the purpose of this article, the length of the building wall abutting a front or side yard shall be deemed the longest side of the rectangle of least area within which such building could be enclosed.
(Ord. 3(98-99). Passed 3-23-98.)

   (d)   Number of Buildings Restricted. There shall be not more than one principal dwelling structure nor more than two accessory structures, including a private garage on each residential zone lot, except as may be permitted as a special exception in planned residential building groups.

   (e)   Accessory Structures.

      (1)   Maximum permitted height. One and one-half stories or fifteen feet.

      (2)   Maximum yard regulations. 

         A.   Unattached accessory structures in “R” Districts. Accessory structures, which are not attached to a principal structure, may be erected within one of the side yards or within the rear yard in accordance with the following requirements:

            1.   Front yard - fifty feet from property line.

            2.   Side yard (interior lot) - three feet from property line.

            3.   Side yard (corner lot) - same as for principal structure.

            4.   Rear yard - three feet; if fronting on an alley ten feet from property line.

            5.   Not closer to a principal structure than ten feet.

         B.   Attached accessory structures in “R” Districts. When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of the Zoning Ordinance applicable to the principal building.

         C.   Nondwelling accessory structure in other districts. Nondwelling accessory structures shall comply with front and side yard requirements for the principal structure to which they are accessory and shall be not closer to any rear property line than ten feet.

   (f)   General Landscaping Regulations.  

      (1)   Enclosed uses. Any enclosed use as may be required by the Zoning Ordinance to be landscaped in accordance with this subsection shall provide a solid fence, six feet high, or a visual screen consisting of evergreen, or evergreen-type hedges or shrubs spaced at intervals of not more than six feet, located and maintained in good condition within fifteen feet of the property line adjoining or abutting an “R” District.

      (2)   Unenclosed uses. Any use which is not conducted within a completely enclosed building, except for nurseries, and the display for sales purposes of new or used cars, trucks or trailers, in operative condition, shall be entirely enclosed by a fence maintained in good condition or evergreen-type hedges or shrubs spaced at intervals of not more than six feet.

   (g)   Miscellaneous Building Regulations.  

      (1)   Unenclosed M-1 Uses. All M-1 uses which are not conducted wholly within a completely enclosed building shall be not less than 100 feet from any “R” District.

      (2)   Uses to be Enclosed. All “C” and “M” uses shall be conducted wholly within a completely enclosed building except for off-street parking and loading facilities, new and used car lots, service stations, terminals, storage yards, nurseries, and similar uses, or those uses permitted in the C-3 Commercial Recreation District.

         (Ord. 58(72-73). Passed 11-21-73.)