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(a) General provisions.
(1) Required side yards must be open and unobstructed except for fences and light poles 20 feet or less in height. Except as otherwise provided in this section, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required side yard. A fireplace chimney may project up to two feet into the required side yard if its area of projection does not exceed 12 square feet. Roof eaves may project up to three feet into the required side yard. Balconies may not project into the required side yard.
(2) The side yard setback is measured from the side lot line of the building site, except when a front yard is treated as a side yard, the setback is measured from the lot line or the required right-of-way as determined by the thoroughfare plan for all thoroughfares, whichever creates the greater setback. On minor streets, the setback is measured from the lot line or the existing right-of-way, whichever creates the greater setback.
(A) When city council by ordinance establishes a specific right-of-way line for a street, the required setback is measured from that right-of-way line.
(3) Reserved.
(4) A unitary air conditioning unit may be located in the required side yard, but not nearer than three feet to the property line.
(5) The building official may approve a ramp that projects into the required side yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official. Initial review of a complete permit application for a ramp must be completed in 10 days.
(b) Side yard provisions for residential districts.
(1) In a single family district, one required side yard may be reduced below the setback required in this section, if the other side yard is increased to at least double the side yard required in this section, subject to the following conditions:
(A) The minimum side yard between structures on contiguous lots must not be less than the minimum side yard required in this section.
(B) To reduce the required side yard, a subdivision plat must be approved by the commission and filed with the county clerk showing the location of all building lines, and showing the proposed distances between the building lines and property lines, streets lines and alley lines.
(C) A person may not erect an accessory structure except for a swimming pool and its appurtenances in the double side yard.
(2) Reserved.
(3) In a residential district, a person need not provide a side yard setback for a structure accessory to a residential use, including a generator, if the structure:
(A) does not exceed 15 feet in height; and
(B) is located in the rear 30 percent of the lot.
Note: This paragraph does not apply to a front yard governed by the side yard regulations in Section 51A-4.402 (such as a front yard treated as a side yard on a corner lot).
(c) Special exception for carports.
(1) The board may grant a special exception to the minimum side yard requirements in this section for a carport for a single family or duplex use when, in the opinion of the board, the carport will not have a detrimental impact on surrounding properties.
(2) In determining whether to grant this special exception, the board shall consider the following factors:
(A) Whether the requested special exception is compatible with the character of the neighborhood.
(B) Whether the value of surrounding properties will be adversely affected.
(C) The suitability of the size and location of the carport.
(D) The materials to be used in construction of the carport.
(3) Storage of items other than motor vehicles is prohibited in a carport for which a special exception has been granted under this subsection.
(d) Special exception for child or adult care facilities. The board may grant a special exception to the minimum side yard requirements in this section for an accessory structure used for outdoor recreation, when in the opinion of the board, the special exception will not adversely affect neighboring properties.
(e) Special exception for tree preservation.
(1) The board may grant a special exception to the minimum side yard requirements in this section to preserve an existing tree.
(2) In determining whether to grant this special exception, the board shall consider the following factors:
(A) Whether the requested special exception is compatible with the character of the neighborhood.
(B) Whether the value of surrounding properties will be adversely affected.
(C) Whether the tree is worthy of preservation.
(f) Schedule of minimum side yards. Except as provided in this section, a person shall not erect, alter, convert, or maintain a structure or part of a structure in violation of the minimum side yard requirements in the district regulations (Divisions 51A-4.100 et seq.). A schedule of minimum side yards is provided in Section 51A-4.410.
(a) General provisions.
(1) Required rear yards must be open and unobstructed except for fences. Except as otherwise provided in this section, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required rear yard. A fireplace chimney may project up to two feet into the required rear yard if its area of projection does not exceed 12 square feet. Roof eaves may project up to three feet into the required rear yard. Balconies may not project into the required rear yard.
(2) The rear yard setback is measured from the rear lot line of the building site.
(3) Reserved.
(4) The building official may approve a ramp that projects into the required rear yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official. Initial review of a complete permit application for a ramp must be completed in 10 days.
(b) Rear yard provisions for residential districts.
(1) Reserved.
(2) In a residential district, a person need not provide a full rear yard setback for a structure accessory to a residential use, including a generator, if the structure does not exceed 15 feet in height. Where the rear yard is adjacent to an alley, a three-foot setback must be provided. Where the rear yard is not adjacent to an alley, no setback is required.
(c) Special exception for child or adult care facilities. The board may grant a special exception to the minimum rear yard requirements in this section for an accessory structure used for outdoor recreation, when in the opinion of the board, the special exception will not adversely affect neighboring properties.
(d) Special exception for tree preservation.
(1) The board may grant a special exception to the minimum rear yard requirements in this section to preserve an existing tree.
(2) In determining whether to grant this special exception, the board shall consider the following factors:
(A) Whether the requested special exception is compatible with the character of the neighborhood.
(B) Whether the value of surrounding properties will be adversely affected.
(C) Whether the tree is worthy of preservation.
(e) Schedule of minimum rear yards.
(1) Except as provided in this section, a person shall not erect, alter, convert, or maintain a structure or part of a structure in violation of the minimum rear yard requirements in the district regulations (Divisions 51A-4.100 et seq.). A schedule of minimum rear yards is provided in Section 51A-4.410. (Ord. Nos. 19455; 20236; 20440; 22053; 30895; 32659)
(a) General provisions.
(1) A person shall not reduce a lot below the minimum area requirements of this section, unless:
(A) the lot is replatted for a community unit development; or
(B) the city or other governmental agency reduces the lot size by widening an abutting street. In this situation the minimum lot area is computed on the basis of the original lot size before the street widening.
(2) The area requirements in a planned development district are controlled by the planned development district regulations.
(b) Reserved.
(c) Schedule of minimum lot area for residential use.
(1) Except as otherwise provided in this section, a person shall not erect, alter, or convert any residential structure or part of a structure to have a smaller lot area than is allowed in the district regulations (Divisions 51A-4.100 et seq.). A schedule of minimum lot area for residential use is contained in Section 51A-4.410. (Ord. 19455)
(a) General provisions.
(1) A person may not reduce a lot below the minimum width requirements of this section, unless:
(A) the lot is platted for a community unit development; or
(B) the city or other governmental agency reduces the lot size by widening an abutting street. In this situation the minimum lot width is computed on the basis of the original lot size before widening.
(2) The lot width requirements in a planned development district are controlled by the planned development district regulations.
(b) The minimum lot width for residential use is 10 feet. (Ord. Nos. 19455; 24731)
(a) General provisions.
(1) A person may not reduce a lot below the minimum depth requirements of this section, unless:
(A) the lot is platted for a community unit development; or
(B) the city or other governmental agency reduces the lot size by widening an abutting street. In this situation the minimum lot depth is computed by the original lot size before the street widening.
(2) The depth requirements in a planned development district are controlled by the planned development district regulations.
(b) The minimum lot depth for residential use is 10 feet. (Ord. Nos. 19455; 24731)
(a) General provisions.
(1) Except as provided in Paragraph (2), in single family, duplex, townhouse, MF-1(A), MF-1(SAH), MF-2(A), MF-2(SAH), MF-3(A), MH(A), NO(A), and NS(A) districts, institutional buildings may cover a maximum of 60 percent of the lot.
(2) In single family and MH(A) districts, structures used solely for child or adult care facility uses are limited to the maximum lot coverage applicable to residential structures in each district.
(3) The maximum lot coverage requirements in a planned development district are controlled by the planned development district regulations.
(b) Reserved.
(c) Schedule of maximum lot coverage.
(1) Except as otherwise provided in this section, a person shall not erect, alter, or convert any structure or part of a structure to cover a greater percentage of a lot than is allowed in the district regulations (Divisions 51A-4.100 et seq.). A schedule of maximum lot coverage is contained in Section 51A-4.410. (Ord. Nos. 19455; 32659)
(a) Special height provisions.
(1) Structures for utility and public service uses and institutional uses may be erected to any height consistent with the Federal Aviation Administration air space limitations, residential proximity slope height restrictions, and the building code. Exceptions:
(B) Local utility transmission and distribution lines and supporting structures are exempt from residential proximity slope height restrictions.
(C) A mounted cellular antenna, as defined in Paragraph 51A-4.212(10.1), attached to a utility structure is exempt from residential proximity slope height restrictions if the utility structure is greater than 65 feet in height. For purposes of this subparagraph, a utility structure means an electrical transmission distribution tower, an elevated water storage tank, and any other structure operated by a municipality, a transit authority, or a certificated, franchised, or licensed utility company in connection with provision of the utility.
(D) A tower/antenna for cellular communication, as defined in Paragraph 51A-4.212(10.1), is exempt from residential proximity slope height restrictions if a specific use permit is required, or if a modification to an existing tower/antenna for cellular communication use is modified in a manner that does not substantially change the physical dimensions of the existing tower/antenna for cellular communication or its auxiliary building. A modification substantially changes the physical dimensions of an existing tower/antenna for cellular communication or its auxiliary building if it meets any of the criteria listed in 47 C.F.R. §1.40001(b)(7), as amended.
(E) In single family, duplex, townhouse, MF-1(A), MF-1(SAH), MF-2(A), and MF-2(SAH) districts, structures used solely for child or adult care facility uses are limited to the maximum structure height applicable in each district.
(2) In a district in which building height is limited to 36 feet or less, the following structures may project a maximum of 12 feet above the maximum structure height specified in the district regulations (Divisions 51A-4.100 et seq.):
(A) Structures on top of a building:
(i) Elevator penthouse or bulkhead.
(ii) Mechanical equipment room.
(iii) Cooling tower.
(iv) Tank designed to hold liquids.
(v) Ornamental cupola or dome.
(vi) Skylights.
(vii) Clerestory.
(viii) Visual screens which surround roof mounted mechanical equipment.
(ix) Chimney and vent stacks.
(x) Amateur communications tower.
(xi) Parapet wall, limited to a height of four feet.
(B) Structures at grade level:
(i) Amateur communications tower.
Note: The heights allowed in Subsection (a)(2) are subject to any residential proximity slope height restrictions that may be contained in the district regulations for a particular district. (See Divisions 51A-4.100 et seq.).
(3) The maximum building height requirements in a planned development district are controlled by the planned development district regulations.
(4) In single family, duplex, townhouse, MF- 1(A), MF-1(SAH), MF-2(A), and MF-2(SAH) districts:
(A) no dormer eaves may project above the maximum structure height specified in the district regulations (Divisions 51A-4.100 et seq.); and
(B) the highest point of a structure with a gable, hip, gambrel, or dome roof may not project more than 12 feet above the maximum height specified in the district regulations (Divisions 51A-4.100 et seq.).
(b) Schedule of maximum building heights. Except as otherwise provided in this section, a person shall not erect, alter, or convert any structure or part of a structure to exceed the maximum height standards in the district regulations (Divisions 51A-4.100 et seq.). A schedule of maximum building heights is contained in Section 51A-4.410.
(a) General provisions.
(1) Reserved. (Repealed by Ord. 20361)
(2) A basement is not counted in the computation of floor area ratio.
(3) The maximum floor area ratio requirements in a planned development district are controlled by the planned development district regulations.
(4) through (7) Reserved.
(b) Schedule of maximum floor area ratio.
(1) Except as otherwise provided in this section, a person shall not erect or alter any structure or part of a structure to exceed the maximum floor area ratio in the district regulations (Divisions 51A-4.100 et seq.). A schedule of maximum floor area is contained in Section 51A-4.410. (Ord. Nos. 19455; 20361)
The following charts comprise the schedule of yard, lot, and space regulations for purposes of this division. In the event of a conflict between this schedule and the text of the district regulations (Divisions 51A-4.100 et seq.), the text of the district regulations controls. (Ord. 19455)
NOTE: The yard, lot, and space charts on the following pages have not been formally adopted by the city council; they are prepared by the city staff and are intended for use as a guide only. It is necessary to see the text of this chapter for specific regulations. In the event of a conflict between the yard, lot, and space charts and the text of this chapter, the text of this chapter controls.
To view a PDF of the schedules found below, please click HERE
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