(A) The general provisions set forth in this section dealing with open spaces, lot coverage, yards, setbacks, vision clearance and permitted obstructions are provided for herewith.
(B) Maintenance of open spaces. The maintenance of yards, courts, and other open spaces 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, courts or 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, court, other open space or minimum lot area requirements for any other building.
(C) Location of open spaces. All yards, courts and other open space allocated to a building or group of buildings shall be located on the same zoning lots as such building or group of buildings.
(D) Yards for existing buildings. No yards now or hereafter provided for a building existing on the effective date of this chapter shall subsequently be reduced below, if already less than, the minimum yard requirements of this chapter for equivalent new construction. However, a yard adjoining a street may be reduced to provide right-of-way for a street widening.
(E) Required setback. Minimum setbacks on lots abutting a street or thoroughfare shall be the distance required for a front yard, or side yard, adjoining a street, in the districts where such lots are located, measured from the existing right-of-way line of the street or thoroughfare, or from the proposed right-of-way line as designated on the official map, and as duly established by other ordinances or as established by county or state highway authorities whichever has the greater right-of-way width requirements.
(F) Exceptions for established setbacks.
(1) Where 50% or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed (within a variation of five feet or less) a front yard greater in depth than required herein, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
(2) Where 50% or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have not observed a front yard as herein required, then:
(a) Interior lots.
1. Where a building is to be erected within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the two existing buildings.
2. Where a building is to be erected within 100 feet of an existing building on one side only, it may be erected as close to the street as the existing building.
(b) Corner lots. The depth of the setback lines shall be as normally required in the district where the lot is located.
(G) Vision clearance - corner lots. On corner lots, no structures or plant materials shall obstruct a clear path of motor vehicle drivers' vision of approaching vehicles within 25 feet of the street intersections. In any business district the distance may be reduced to ten feet and shall not apply to that part of a building above the first floor.
(H) 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.
(a) Open terraces not over four feet above the average level of the adjoining ground, but not including permanently roofed over terrace or porch;
(b) Awnings and canopies, but not projecting more than ten feet, and at least seven feet above the average level of the adjoining ground;
(c) Steps, four feet or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a street or alley;
(d) Chimneys projecting 18 inches or less into the yard;
(e) Arbors, trellises, flag poles, fountains, sculptures, plant boxes and other similar ornamental objects;
(2) In front yards. All front yards require a 30-foot setback. Any additions and/or projections are to be such as to avoid infringement of this setback.
(3) In rear yards. Rear yards require a ten-foot setback and infringement by additions and/or projections is prohibited.
(4) In side yards. Side yards require a ten-foot setback and infringement by additions and/or projections is prohibited.
(I) Chain link security fences.
(1) Chain link fences may be constructed on and around territory located in the zoning classifications C-3 General Business District, C-4 Automotive Services District and I-1 Limited Manufacturing District, provided that the territory is located on a major or secondary thoroughfare and the chain link fences are necessary for security purposes. The fences may only be constructed in accordance with other existing applicable ordinances of the village following the filing of the necessary application, payment of fees and approval of the Building Inspector. The fences shall not be greater than eight feet in height and may contain no more than three strands of barb wire at the top of the chain link fence.
(2) A major or secondary thoroughfare shall be defined as any street in the village of considerable continuity which serves or is intended to serve as a principal traffic artery in the village and which is designated as such on the Comprehensive Plan of the village. The Building Inspector shall not approve the height of any chain link fence if the same obstructs the visibility of automotive traffic or pedestrians.
(Ord. 95, passed 4-5-71; Am. Ord. 319, passed 7-11-83; Am. Ord. 335, passed 12-5-83)