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Except as otherwise specifically provided in this subchapter, no residential building or structure shall be erected, altered, enlarged or reconstructed to exceed the lot area limits established for the zone where the residential building is located, as set forth in Appendix A: Lot Area Regulations in Residential Permitted Zone.
(Ord. 466, § 2-11-4, passed 5-11-98) Penalty, see § 152.999
Except as otherwise specifically provided in this subchapter, no building or structure shall be erected, altered, enlarged or reconstructed to exceed the yard limits established for the zone where the building is located, as follows:
(A) Front yard limits. Each lot shall have a front yard with a minimum depth measured from and parallel to the proposed right-of-way line as shown on the Thoroughfare Plan and plat as follows:
Zone | Thoroughfare Type | Setback From Edge of Nearest Street Right-of-Way |
All Zones | Arterial | 75 feet |
Primary | 70 feet | |
Secondary | 60 feet | |
Section and half section | 40 feet | |
Local (residential) | 30 feet
|
(1) 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 the lot shall be the average of the front yards of the existing buildings.
(2) 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 the lot shall be the average of the front yard of the existing building and the required front yard.
(3) 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.
(B) Side yard limits. 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 set forth in Appendix B: Side Yard Limits.
(C) Rear yard limits. 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 |
R-3 | 20 feet |
C-1, C-2, C-3, I-1, I-2 | 0 feet, but if a yard is provided, limit is 4 feet, 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 feet |
(D) Yard limits within a mobile home park.
(1) 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.
(2) 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.
(3) Rear yard. Minimum rear yard shall be 20 feet.
(E) Lot area and yard exceptions and modifications.
(1) Where the yard regulations cannot reasonably be complied with or their application determined on lots of peculiar shape, location or topography, the regulations may be modified or determined by the Board, as provided for in Section 3-4-3(D).
(2) Where a lot is situated between two lots, each of which has a main building which projects beyond this chapter's established front yard line and was so maintained when this chapter became effective, the front yard requirement on the lot may be the average of the front yards of the existing buildings, provided, however, the front yard of the lot shall be not less than ten feet.
(3) Where a lot adjoins only one lot having a main building which projects beyond this chapter's established front yard line, and has been so maintained since this chapter became effective, the front yard requirement on the 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 the lot shall be not less than ten feet.
(4) For the purpose of side yard regulations, semi-detached dwellings, row dwellings and group dwellings with common party walls shall be considered as one building occupying one lot.
(5) The front and side yards may be waived for dwellings, motels and lodging houses erected above the ground floor of a building when the ground floor is designed and used exclusively for business and/or industrial purposes.
(6) An accessory building not exceeding 20 feet in height may occupy not more than 30% of the area of a required rear yard, provided it is no less than five feet from any side or rear lot line.
(7) Where a through lot has a depth of 200 feet or more, and an area of 20,000 square feet or more, the 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.
(F) Yard projections.
(1) A porte cochere may be permitted over a driveway in a side yard, provided the 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, the porte cochere does not extend to within six feet of a side lot line.
(2) A cornice, cave 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 the side yard is not reduced to less than three feet.
(3) A fire escape may extend or project into any required front, side or rear yard not more than four feet.
(4) An open, unenclosed stairway or balcony not covered by a roof or canopy may extend or project into a required rear yard, and may extend into a required front yard not more than 30 inches.
(5) 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.
(6) 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, except for corner setbacks as required in this chapter.
(7) 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 this chapter.
(Ord. 466, §2-11-5, passed 5-11-98; Am. Ord. 469, passed 3-22-99) Penalty, see § 152.999
(A) General recreational space requirements. 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. (Ord. 466, § 2-11.5-1, passed 5-11-98)
(B) Criteria for guidance. In a Commission- approved development plan, and in the approval of subdivisions requiring recreational space, the Commission-approved recreation space shall be approved in all zones as defined in division (E) of this section. The purpose of providing this space shall be to meet the immediate and future recreational needs of the developments 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. (Ord. 466, § 2-11.5-2, passed 5-11-98)
(C) Covenants. All developments with recreational space must contain acceptable covenants which, in the opinion of the Commission, insure adequate maintenance of those recreation spaces. (Ord. 466, § 2-11.5-3, passed 5-11-98)
(D) Amount of recreational space required. 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 case of minor subdivisions. (Ord. 466, § 2-11.5-4, passed 5-11-98)
(E) Recreational space and major subdivisions.
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 the 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. (Ord. 466, § 2-11.5-5, passed 5-11-98)
(F) Physical improvements. 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. (Ord. 466, § 2-11.5-6, passed 5-11-98)
(G) Use of recreational space. Space intended for limited recreational activity or other uses, such as golf courses, 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. 466, § 2-11.5-7, passed 5-11-98) Penalty, see § 152.999
DEVELOPMENT PLAN REGULATIONS
A Development Plan is intended to provide all pertinent information about a proposed development so the Plan Commission may make a knowledgeable decision whether or not the proposed development meets all the requirements of this chapter and the goals and objectives of the Master Plan.
(Ord. 466, § 2-13-1, passed 5-11-98)
(A) Development plan procedure. The development plan procedure, hereafter set forth, shall be required for the following developments:
(1) All minor and major subdivisions of land.
(2) All mobile home parks. Additional requirements are provided for in § 152.130.
(3) All planned unit developments. Additional requirements are provided for in § 152.131.
(4) All intensive livestock operations. Requirements are provided in §§ 152.145 through 152.152.
(5) All multiple-family dwelling developments on lots, parcels or tracts of land over one acre.
(6) All multiple-group dwelling developments.
(7) All C-1 principal use developments on lots, parcels or tracts of land over one acre. Accessory buildings under 5,000 square feet are excluded from the development plan procedures.
(8) All C-2 principal use developments. Accessory buildings under 5,000 square feet are excluded from the development plan procedures.
(9) All I-1 and I-2 principal use developments. Accessory buildings under 5,000 square feet are excluded from the development plan procedures.
(B) Subdivision plat. A subdivision plat shall be required along with a development plan as long as a subdivision of land, as defined, is occurring as a result of this development. Both development plan and subdivision plat processes may be done concurrently, with any duplicated requirements being counted for both processes.
(Ord. 466, § 2-13-2, passed 5-11-98) Penalty, see § 152.999
A pre-application review between the Zoning Administrator and the developer is recommended at least 15 days prior to official application for primary approval of a development plan. The purpose of this pre-application review is as follows:
(A) To inform the applicant of the standards and requirements of all applicable ordinances, including the Comprehensive Plan.
(B) To review the various procedures and submission requirements.
(C) To review with the applicant any inherent limiting characteristics of the specific site or surrounding areas.
(D) To reduce the time period between initial application and Plan Commission approval.
(Ord. 466, § 2-13-3, passed 5-11-98)
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