1111.01 Lot and principal building regulations.
1111.02 General lot requirements.
1111.03 Fences, landscaping walls, and hedges.
1111.04 Intersection visibility.
1111.05 Outdoor lighting.
1111.06 Demolition.
1111.07 Nuisance control.
1111.08 Special Flood Hazard Areas (SFH).
1111.09 Source water-protection standards.
(a) Minimum Lot Area and Width.
(1) Measurements.
A. The area of a lot includes the total horizontal surface area within the lot's boundaries (lot lines).
B. Unless otherwise stated, the lot width is the distance between the side lot lines measured along the minimum front yard setback line.
C. Minimum lot depth shall be measured as the shortest distance between the front lot line and the rear lot line.
(2) Lot Area, Lot Width, and Lot Depth Requirements.
A. Table 1111-1 establishes the minimum lot area, lot width, and lot depth requirements for individual zoning districts unless otherwise specifically stated in this code.
B. Where no minimum lot area, lot width, or lot depth is established, such lots shall be of a size large enough to allow for all proposed buildings and required setbacks, off- street parking, and all landscaping and screening requirements established in this code.
C. Minimum lot areas and lot widths in a planned development shall be as established in the planned development approval process.
Table 1111-1: Minimum Lot Area and Lot Width Requirements | ||||
District | Minimum Lot Area (Square Feet) | Minimum Lot Width for Corner Lots (Feet) [1] | Minimum Lot Width for All Other Lot Types (Feet) | Minimum Lot Depth (Feet) |
ER | 40,000 | 170 [2] | 150 [2] | 150 |
R-1 | 10,000 | 100 | 80 | 125 |
R-2 | 8,000 | 85 | 65 | 120 |
R-3 | 5,445 per dwelling unit | 100 | 100 | 150 |
CC | None | None | None | None |
VC | None | None | None | None |
RO | 8,000 | 85 | 65 | 120 |
ID | None | None | None | None |
P-1 | 8,000 | 85 | 65 | 120 |
NOTES: [1] This width is only required for one (1) street frontage. All other street frontage shall have a minimum lot width as required for other lot types. [2] The lots shall have a minimum of sixty (60) feet frontage along a publicly dedicated right-of-way. | ||||
(b) Minimum Setbacks and Yards.
(1) Setbacks and Yards Required for Buildings.
A. Where required, a yard for any structure shall be located on the same lot as the structure and shall not include any yard from an adjacent lot or any common spaces established as part of a PD or subdivision.
B. While a yard is defined as an open area, certain projections may be permitted in required yards as specified in below.
C. Where the term "required" is used before any yard type, that required yard shall be the area of the yard between the applicable lot line and the required yard setback distance from the applicable lot line, regardless of the presence of a building.
(2) Measurements and Exceptions.
A. Setbacks refer to the measurements from base of a structure and the property line (lot line) of the lot on which the structure is located. Setbacks shall not contain any structure except when in conformance with this code.
B. A setback shall not be reduced in any manner to less than the required dimensions for the district in which it is located, and a setback of less than the required dimensions shall not be further reduced in any manner unless otherwise noted in this code (e.g., nonconforming structures or by variances).
C. Setbacks from lot lines abutting an alley shall meet the appropriate side or rear yard setback for the applicable district.
(3) Projections into Required Yards.
A. Every part of a required yard shall be open to the sky and unobstructed except:
i. As otherwise provided in this section;
iii. For landscaping, parking and circulation, and signs as allowed in this code; and
B. Any permanent architectural projections, including but not limited to, open structures such as porches, decks, bay windows, fireplaces, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which such projections are attached and shall not project into the required minimum setbacks for front, side or rear yards unless specifically allowed as part of an attached porch, patio, or deck.
C. Determination of Yards and Setbacks
i. The Zoning Administrator shall have the authority to determine where the required yards and setbacks shall be applied and located in accordance with the provisions of this chapter.
ii. Where there is an instance of a lot configuration not addressed in the next sections (e.g., interior, corner, panhandle, etc.), or where there is an atypical building orientation on any lot, the Zoning Administrator shall have the authority to make a determination regarding where front, rear, and side yard setbacks are required.
(4) Lot Configurations and Rules for Setbacks and Yards.
A. Regular Lots.
i. Unless otherwise stated, the required minimum front yard setback shall be measured from the street right-of-way or, where a right-of-way is not identified, the front lot line.
ii. The lot line located directly behind the rear of the structure shall be the rear lot line and the rear yard setback shall be applied.
iii. An alley shall not be considered a street for the purposes of determining a regular lot. Alleys may be located along what is the side lot line or rear lot line of a regular lot without changing the required setbacks.
iv. All other lot lines shall be considered the side lot line and the side yard setback shall be applied.
Figure 1111-A: Typical setback and yard locations for an regular lot.
B. Corner Lots. Lots that have street frontage on two intersecting streets shall be considered a corner lot, subject to the following:
i. Where a lot is considered a corner lot, the required minimum front yard setback shall be provided on all lot lines that abut a street.
ii. The lot line that runs parallel with the front facade of the building, on the rear of the lot, shall be the rear lot line and the minimum rear yard setback shall be applied from such lot line.
iii. All other lot lines shall be a side lot line and the minimum side yard setback shall be applied from such lot lines.
iv. An alley shall not be considered a street for the purposes of determining a corner lot. Alleys may be located along what is the side lot line or rear lot line of a corner lot without changing the required setbacks.
v. Such setbacks and yard locations shall apply, regardless of the orientation of the building. The Zoning Administrator shall have the authority to determine the application of setbacks and where the yards are located based on the orientation of the building on the corner lot.
Figure 1111-B: Typical setback and yard locations for a corner lot.
C. Double Frontage (Through) Lots. Double frontage lots shall be discouraged and shall only be approved if necessitated by unique topographic features or other special physical conditions as deemed necessary by the Planning Commission. Double frontage lots shall be subject to the following regulations:
i. Where a lot is considered a double frontage (through lot) lot, the required minimum front yard setback shall be provided on all lot lines that abut a street.
Figure 1111-C: Typical setback and yard locations for a double frontage (through) lot.
ii. The remaining lot lines not abutting a public road right-of-way shall be considered as side yards and shall have the required minimum side yard setback provided for each side lot line.
iii. For the purposes of allowing accessory uses and fences, which are allowed in a rear yard, the yard that is located to the rear of the principal building shall be considered the rear yard and the setbacks of Section 1111.01(b), shall apply to all accessory uses or structures. Such accessory uses or structures shall not be permitted in the required front yard areas adjacent to each street.
iv. Where alleys exist in the Village, any lots that have frontage along the alley shall not be considered a double frontage (through) lot and shall either be regulated as an regular lot or corner lot depending on the location of the subject lot within the block.
D. Panhandle (Flag) Lots. Panhandle lots (flag) lots shall be discouraged and shall only be approved if necessitated by unique topographic features or other special physical conditions as deemed necessary by the Planning Commission. Panhandle (flag) lots shall be subject to the following regulations:
i. Panhandle (flag) lots shall not be used to avoid the construction of a street.
ii. The area of the "panhandle" portion of the lot connecting the lot to the public street shall not be included in the area of the lot for the purposes of determining compliance with the required minimum lot area for the district in which the lot is located.
iii. The stacking of panhandle (flag) lots shall be prohibited. See Figure 1111-D.
Figure 1111-D: The above illustration shows the stacking of panhandle lots, which is prohibited.
iv. The panhandle shall have a minimum width of ten (10) feet along the entire width of the panhandle. The maximum width shall be forty (40) feet and anything with a width of forty (40) feet or greater shall be consider an interior, corner, or double frontage lot as may be applicable.
v. No structures, except for fences and landscaping walls allowed by this code, shall be permitted in the panhandle portion of the lot.
vi. The minimum front yard setback requirement shall be measured from the lot line that creates the rear lot line of the adjacent lot as illustrated in Figure 1111-E.
Figure 1111-E: Typical setback and yard locations for a panhandle lot.
E. Cul-de-Sac or Curved-Street Lot.
i. For a cul-de-sac lot or a lot abutting a curved street, the front-yard setback shall follow the curve of the front property line (lot line).
ii. On a cul-de-sac roadway, knuckle, or eyebrow, the required street frontage shall be required and measured at the street right-of-way on the curve of the cul-de-sac, knuckle, or eyebrow.
Figure 1111-F: Typical setback and yard locations for a curved street or cul-de-sac.
(5) Minimum Setback Requirements.
B. Table 1111-2 establishes the minimum setback requirements for principal buildings in all zoning districts.
C. Additional setbacks may be required to accommodate landscaping and buffering in accordance with Chapter 1113: Landscaping and Screening.
Table 1111-2: Setback Requirements | ||||
District | Setback Requirements (Feet) | |||
Minimum Front Yard from Arterial Street | Minimum Front Yard from All Other Streets | Minimum Side Yard (Each Side) | Minimum Rear Yard | |
ER | 60 | 50 | 20 | 50 |
R-1 | 40 | 30 | 10 | 30 |
R-2 | 40 | 30 | 8 | 30 |
R-3 | 40 | 30 | 20 [1] | 25 |
Table 1111-2: Setback Requirements | ||||
District | Setback Requirements (Feet) | |||
Minimum Front Yard from Arterial Street | Minimum Front Yard from All Other Streets | Minimum Side Yard (Each Side) | Minimum Rear Yard | |
CC | 40 | 30 | None [2] | 15 |
VC | 0 [3] | None | None | None |
RO | 40 | 30 | 8 | 30 |
ID | 40 | 30 | 15 [4] | 15 [4] |
P-1 | 40 | 30 | 8 | 30 |
NOTES: [1] The side yard setback shall be twenty (20) feet for principal building walls with no doors or windows. For principal building walls with windows and doors facing the side yard, the minimum side yard setback shall be equal to the height of the building, or twenty-five (25) feet, whichever is greater. [2] The minimum side yard setback shall be fifteen (15) feet if the side lot line is adjacent to a lot in a residential district. [3] All buildings shall be built to the back of the sidewalk. The setback line can be waived or modified by the Planning Commission for special design features such as arcades or special window details through a conditional use approval. [4] The minimum side and rear yard setback shall be fifty (50) feet if the side or rear lot line, as applicable, is adjacent to a lot in a residential district. | ||||
(c) Minimum Building Separation in the R-3 District.
(1) If there are two or more buildings located on a single lot in the R-3 District, the minimum distance between opposite walls shall be ten (10) feet for facing walls with no windows or doors.
(2) If any one or both of the walls facing each other have windows or other wall openings, the minimum distance between walls shall be equal to the height of the taller building.
(d) Maximum Building Height.
(1) Measurement.
A. Building height shall be measured from average elevation of the finished grade to the highest point on the roof, regardless of roof type, excluding minor architectural features, roof embellishments, or chimney extensions.
B. The finished grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating primarily undertaken for the purpose of locating or increasing the height of a structure, including signs. The filling of a hole or depression to create an average grade the same level as that surrounding the hole or depression is permitted, provided such filling is allowed by other ordinances.
Figure 1111-G: Measurement of building or structure height
(2) Exceptions to Height Limits. The maximum height limits established in this code shall not apply to:
A. Spires, belfries, cupolas and domes, monuments, chimneys, towers, transmission towers, and other permitted mechanical appurtenances located upon or constructed as an integral part of the principal building for all nonresidential uses as may be authorized by the Planning Commission; and
B. Governmentally-owned freestanding water tanks, transmission towers, and flag poles.
(3) Maximum Height Standards.
A. Table 1111-3 establishes the maximum building height for principal buildings.
B. The maximum height of accessory structures is established in Section 1109.01.
Table 1111-3: Maximum Height of Principal Building | |
District | Maximum Height |
ER | 35 Feet |
R-1 | 35 Feet |
R-2 | 35 Feet |
R-3 | 35 Feet |
CC | 40 Feet |
VC | 40 Feet |
RO | 35 Feet |
ID | 40 Feet |
P-1 | 40 Feet |
(e) Minimum Floor Area for Dwelling Units in the R-1 and R-2 Zoning Districts.
(1) Calculation.
A. The minimum floor area of a dwelling unit shall include all finished and habitable spaces including the basement floor area when more than one-half of the basement height is above the finished lot grade level at the front of the building.
B. Garages, outdoor patios, porches, or decks, and accessory buildings shall not be included in the minimum floor area of a dwelling.
C. The requirements shall not apply to hospitals, nursing homes, or similar types of residential uses that are institutional in nature.
(2) Minimum Floor Area Requirements.
A. Each building that contains a single dwelling unit or two dwelling units shall have a minimum width of at least twenty-two (22) feet at any one point and a minimum length of at least twenty-two (22) feet at any one point.
B. There shall be a minimum floor area for each dwelling unit that complies with Table 1111-4.
Table 1111-4: Minimum Floor Area Requirements | |
Dwelling Unit Type | Minimum Floor Area Required per Dwelling Unit |
Single-Family Dwelling Unit | 900 |
Two-Family Dwelling Unit | 750 |
Multi-Family Dwelling Unit | 500 |
(f) Maximum Lot Coverage.
(1) Measurement. Where used, lot coverage is that portion of a lot, or a specified yard, which when viewed directly above, which would be covered by buildings, structures, and impervious pavement areas. Decks, pervious paver blocks, and other materials that are designed with adequate openings to allow stormwater to pass through the material into the ground shall not count as an impervious surface. The Zoning Administrator shall have the final determination of what are considered buildings and the total coverage that is considered impervious surfaces.
(2) Maximum Lot Coverage Standards. Table 1111-5 establishes the maximum lot coverage for all buildings on an individual lot within the applicable district.
Table 1111-5: Maximum Lot Coverage | |
District | Maximum Lot Coverage |
ER | 50 percent |
R-1 and R-2 | 35 Percent |
R-3 | 50 Percent |
CC | 80 Percent |
VC | Not Applicable |
RO | 35 Percent |
ID | 85 Percent |
P-1 | 75 Percent |
(g) Building Orientation.
(1) The main entrance of any principal building shall be oriented toward a public street.
(2) For corner lots, a principal building may be oriented toward the intersection of the two streets.
(h) Utilities. In all zoning districts except the ER District, all lots shall be served by utilities as required by Village Ordinance 0-08-05A.
(Ord. 2023-16. Passed 6-5-23.)
The following shall apply to all lots:
(a) Provisions for storm drainage shall be adequate to protect the public and owners of surrounding land.
(b) Trash and litter shall be controlled and stored in container systems which are located and enclosed in a manner to screen them from view.
(Ord. 2023-16. Passed 6-5-23.)
(a) Zoning Certificate Required.
(1) The installation of any fence or landscaping wall shall require the approval of a zoning certificate unless specifically exempted from the certificate requirement in this code.
(2) Zoning certificates are not required for repairs of existing fences or landscaping walls. However, such work or structures are still subject to the applicable standards of this section. The replacement of an existing, conforming fence or landscaping wall with a similar fence or landscaping wall shall not require a zoning certificate.
(3) Replacement of nonconforming fences or landscaping walls shall be subject to Section 1111.03(g).
(4) A zoning certificate shall not be required for short sections of fencing or landscaping walls that are designed as an architectural feature or utilized for decorative purposes and are not intended to enclose an area of land. Such sections shall not exceed twenty-five (25) feet in length and shall comply with the vision clearance requirements of this code.
(5) Hedges, shrubbery, trees, bushes and plantings shall be excluded from classification as fences but shall:
A. Be planted in a manner that the trunk of the hedge is located a minimum of one-foot from the lot line; and
C. Where trimming is required to maintain intersection visibility, and such trimming is not done within ten (10) days after notice by the Zoning Administrator, the employees of the Village shall enter upon the property and trim the shrubbery, hedges or trees at the expense of the property owner. Any shrub, hedge or tree found to be located upon public property may be removed by the Village at any time.
D. Hedges shall not be planted in a row to imitate a fence or landscaping wall unless approved in the same manner as a fence or landscaping wall in accordance with this section.
(b) General Requirements.
(1) Unless a specific distinction is made in this section, any regulation that applies to fences shall apply to landscaping walls and vice versa.
(2) All fences and landscaping walls shall be subject to the intersection visibility requirements of Section 1111.04.
(3) All fences and landscaping walls, and any related supporting structures or appurtenances, shall be contained within the lot lines of the applicable lot and shall not encroach into adjoining or abutting lots and/or rights-of-way. Property owners, with written permission from abutting property owners, may connect to fences or landscaping walls on adjoining properties.
(4) A zoning certificate shall be required for each property on which a fence or landscaping wall is installed when a connection of existing fences or landscaping walls is proposed on two (2) different properties. Such applications shall also include signatures of both property owners to document the agreement of such connection.
(5) Fences or landscaping walls are permitted along property lines provided only one fence or landscaping wall is located on the lot line.
(6) The smooth finished side of the fence or landscaping wall shall be the side of the fence that faces outward from the lot or yard being fenced. If a fence has two similarly finished sides, either side may face the adjacent property.
(7) Posts, poles, or other mechanisms used to secure the fence to the ground or support the fence shall be located on the inside of the fence (i.e., located on the property of the applicant).
(8) All diagonal or supporting members shall face the property on which the fence or landscaping wall is constructed.
(9) All fences and landscaping walls shall be maintained in a neat and orderly manner.
(10) Landscaping walls shall be prohibited within all utility easements. Fences that are placed in utility easements shall require the written permission from the applicable utility company. Without such permission, the fences are subject to removal without notice by utility companies or the Village when work is being done in the utility easements. Fences shall not be placed in any Village easement unless the plat specifically permits the placement of such fence. The Village of Centerburg is not responsible for the determination of easements on private properties.
(11) Replacement of fences removed by the Village or utility company shall be at the property owner's expense.
(12) Fences and landscaping walls shall not impede, inhibit, or obstruct culverts, drains, natural watercourses, or storm water drainage in any zoning district. Solid fences and landscaping walls shall be designed to direct water to drainage channels or other outlets to eliminate the possibility of the accumulation of water behind the landscaping wall.
(13) It shall be the duty of each lot owner and contractor, or an agent thereof, to determine lot lines and to ascertain that the fence or landscaping wall does not deviate from the plans as approved by the Zoning Administrator issuing the zoning certificate, and that the fence does not encroach on another lot or existing easement. The issuance of the zoning certificate and any inspection by the Village shall not be construed to mean that the Village has determined the fence is not encroaching on another lot, nor shall it relieve the property owner of the duty imposed on him or her herein.
(c) Prohibited Fences.
(1) No person shall erect or maintain anywhere in the Village a fence or landscaping wall equipped with or having barbed wire, spikes, sharp points, or any similar device except in the ID and P-I Districts for the purposes of security.
(2) No person shall erect or maintain anywhere in the Village a fence or landscaping wall that has an electrical charge.
(d) Measurement.
(1) The maximum fence or landscaping wall height shall be measured from the lowest point within three feet on either side of the fence to the top most portion of the fence between posts. See Figure 1111-H. The structure posts, finials, or other decorative architectural details may exceed the maximum height allowed in this section by up to six inches.
Figure 1111-H: Illustration of the measurement of the height of a fence based on the grade.
(2) Fencing or landscaping walls should follow the natural contour of the land on which it is located. See Figure 1111-I.
Figure 1111-I: This illustrates how fencing is measured along a natural contour.
(3) A fence may be erected on top of a landscaping wall but the combined height of the fence and landscaping wall shall not exceed the heights specified within this section for a fence or landscaping wall. Fences or landscaping walls located on top of a retaining wall shall be measured from the top of the finished grade at the top of the retaining wall.
(e) Front Yard Fences and Landscaping Walls.
(1) The maximum height of a fence or landscaping wall, or combination thereof, in any front yard shall be thirty (30) inches.
(f) Side and Rear Yard Fences and Landscaping Walls.
(1) The maximum height of a fence or landscaping wall, or combination thereof, in any side or rear yard in the shall be six (6) feet.
(g) Nonconforming Fences and Landscaping Walls.
(1) Where a nonconforming fence or landscaping wall is to be maintained or repaired, such nonconforming fence or landscaping wall may continue to exist. Repair or maintenance shall include any general maintenance of a fence or landscaping wall while still in place or a portion of a fence or landscaping wall may be removed temporarily for repair or maintenance work provided the same fence or landscaping wall is replaced in the same position.
(2) If fifty percent (50%) or more of the length of a nonconforming fence or landscaping wall is to be removed and replaced, even as part of maintenance, such replacement shall conform with the requirements of this code and shall require the issuance of a new zoning certificate. Such fifty percent (50%) shall be the aggregate over the course of time, following the effective date of this code, so that full, conforming replacement, shall be required once fifty percent (50%) of the length has been removed, no matter if done as a whole or partially over time.
(Ord. 2023-16. Passed 6-5-23.)
Development proposed adjacent to any public or private street, in every district, shall be designed to provide a clear visibility area for pedestrian and traffic safety.
(a) A traffic safety visibility triangle area, which may include private property and/or public right-of- way, is a triangle area defined by measuring thirty (30) feet from the intersection of the extension of the front and side street curb lines (or the right-of-way lines where there is no curb) and connecting the lines across the property. See Figure 1111-J.
Figure 1111-J: Traffic intersection visibility triangle for intersecting streets.
(b) For intersections of streets and driveways, the traffic intersection visibility area shall be created by measuring twenty-five (25) feet from the edge of the driveway along the street and twenty (20) feet along the driveway, perpendicular from the street. See Figure 1111-K.
Figure 1111-K: Traffic intersection visibility triangle for driveway and street intersections.
(c) No structure, sign, or landscape element shall exceed thirty-six (36) inches in height, measured from the top of the curb, within the traffic safety visibility area, unless approved by the Zoning Administrator.
(d) An exception to this requirement shall be for existing trees where the canopy is trimmed to a minimum of eight feet above grade.
(e) This requirement shall not apply to lots in the VC District or lots with single-family or two- family dwellings but any driveways associated with such uses should be designed with sufficient visibility clearance to ensure safety for traffic and pedestrians. (Ord. 2023-16. Passed 6-5-23.)
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