(A) Use of existing lots deficient in area or width; front, side and rear yard requirements; exception.
(1) A single-family dwelling may be located on any lot in any district in which single-family dwellings are permitted, if the lot was a single parcel separately described or a single parcel included in a deed or plat which was of record in the County Office of the Recorder at the time of passage of this chapter, even though the lot does not have the minimum lot width or the minimum lot area specified for the district.
(2) (a) The requirements of this chapter with regard to front, side and rear yard requirements shall be applicable in all instances; except, such requirements shall not be applicable with regard to any lots located in a subdivision for which a plat of the subdivision has been given, prior to passage of this chapter, tentative or final approval by the Plan Commission under the Subdivision Control Ordinance, being general Ord. 1968-46, passed by the City Common Council on 3-18-1969. With regard to lots in the subdivisions, the front, side and rear yard requirements shall be as established on the plat thereof.
(b) The term
PLAT shall include restrictive covenants which pursuant to that ordinance comprised a part of the plat.
(c) In the event that the plat of the subdivision does not establish front, side or rear yard requirements, the requirements shall be as established and set forth in this chapter in effect at the time of the preliminary or final approval of the plat of the subdivision by the Plan Commission, which requirements, for purposes hereof, are incorporated by reference herein and made a part of this chapter for such purpose only.
(B) Height. In districts limiting height to 25 feet or two stories, a dwelling may be increased in height not to exceed 35 feet if building is set back from required side and rear yard line one foot for each two feet of height above 25.
(C) Partial use of alley for yard. One-half of an alley abutting the rear of the side of a lot may be included in the required rear yard dimension or side yard dimension, respectively.
(D) Tapered yard.
(1) Where a reversed interior lot abuts a corner lot or an alley separating such lots, an accessory building located on the rear lot line of a corner lot shall set back from the side street as far as the dwelling on the reversed interior lot.
(2) For each foot that the accessory building is placed from the rear lot line toward the front lot line of the corner lot, the accessory building may be set four inches closer to the side street line, but in no case closer than five feet.
(E) Accessory uses allowed without permit.
(1) Accessory uses, as public utility installations, walks, driveways, curbs, retaining walls, mail boxes, name plates, lamp-posts, bird baths and structures of a like nature are permitted in any required front, side or rear yard without permit. Trees, shrubs, flowers or plants shall also be permitted in any required front, side or rear yard; except that, vision clearance on corner lots shall be provided.
(2) Latticework screens, hedges or walls, not more than six feet in height, may be located in the required side or rear yard, and any of the above maintained so as not to exceed three feet in height may be located in any front yard. Hedges or any other line plantings must be planted so that they may be trimmed and maintained at the property line.
(F) Accessory uses allowed by permit only.
(1) Fences not more than six feet in height may be located in the required side or rear yard, not to exceed three feet in height located in any front yard.
(2) Private swimming pools must comply with the safety features set forth in current code regulations.
(3) All accessory buildings detached from the principal building may not occupy more than 30% of the area devoted to the rear yard or, in the case where the accessory building is located in a side yard, it shall not occupy more than 6% of the entire lot area.
(Prior Code, § 150.228) (Ord. 1978-4, passed 3-21-1978; Ord. 1993-8, passed 11-2-1993) Penalty, see § 150.999