A. General Lot And Yard Requirements: The following lot and yard regulations shall apply to all lots or tracts of land on which the structure is located:
1. The minimum yard space required for one structure or use shall not again be considered as the yard of any other, including an adjoining structure or use.
2. Yards required by this title shall be located on the same lot as the principal building or use.
3. No lot shall hereafter be divided into two (2) or more lots, and no part of a lot shall be sold unless all resultant lots conform to all yard regulations in the district where the lot is located unless such sale is to the owner of any adjoining lot.
4. Where a lot is zoned into a commercial district or manufacturing district, as provided by chapter 7 of this title and is contiguous to or across an alley from a lot zoned in a residence district, also provided by chapter 7 of this title, the side yard and rear yard required by subsection 11-7-2F of this title in said residence district shall be provided in the side yard and rear yard of the lot in said commercial district and manufacturing district that are contiguous to or across the alley from the lot in said residence district.
5. The maintenance of yards and other open space 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.
6. No legally required yards, 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 yards, other open space, or minimum lot area requirements for any other building.
7. No yards, now or hereafter provided for a building existing on the effective date hereof, shall subsequently be reduced below or further reduced if already less than the minimum yard requirements of this title for equivalent new construction.
8. Where a front yard setback has been established by buildings existing on lots having a frontage of fifty percent (50%) or more of the total frontage on one side of that portion of any street lying between two (2) intersecting streets, there shall be maintained a front yard setback of not less than the average setback of the aforementioned existing buildings.
B. Visibility Regulations For Clear Sight Distance:
1. Street Intersections: Nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede visibility between a height of two and one-half feet (21/2') and ten feet (10') above the top curb line grades of intersecting streets in the area defined by the visibility triangles illustrated in section 11-12-1, figure 2, of this title.
2. Intersections Of Streets With Alleys And Driveways: At the intersection of a public or private street with a public or private driveway or alley, no landscaping shall be placed, planted, or allowed to grow in such a manner as to impede visibility between a height of two and one-half feet (21/2') and ten feet (10') above the curb top elevation of the street within the visibility triangle area formed by the street curb line intersection with the driveway or alley pavement line, and with the hypotenuse (third side of the triangle) connecting said curb line and said pavement line at distances from their intersection equal to twenty feet (20') along the driveway or alley line and thirty feet (30') along the street curb line.
3. U.S. Highway 51: Nothing shall be erected, placed, planted or allowed to grow within a distance of thirty five feet (35') of the outside right of way line on either side of new U.S. Highway 51 as located within the village territorial limits.
C. Transitional Area Regulations:
1. Front Yards: When the front yard or any lot hereafter rezoned into a commercial or manufacturing district is contiguous to or across a street or alley from any lot zoned residential, the following transitional front yard shall be provided:
a. The owner or developer of such lot rezoned into a commercial or manufacturing district shall provide along the entire width of such lot a front yard with a depth equal to or greater than the required front yard for such residential zoned lot.
b. Off street parking in the front yard required by chapter 11 of this title shall be prohibited.
2. Side And Rear Yards: When the side yard and/or rear yard of any lot hereafter rezoned into a commercial or manufacturing district is contiguous to or across an alley from any lot rezoned residential, the following transitional yard requirements shall apply:
a. The owner or developer of such lot rezoned into a commercial or manufacturing district shall provide a transitional side yard having a minimum depth of ten feet (10') in addition to the required side yard for said rezoned lot. Such transitional side yard shall be provided along the side lot line that is contiguous to or across an alley from any lot zoned residential.
b. The owner or developer of said rezoned lots shall provide a transitional rear yard having a minimum depth of fifteen feet (15') in addition to the required rear yard for said rezoned lot. Said transitional rear yard shall be provided along the rear lot line that is contiguous to or across an alley from any lot rezoned residential.
3. Land Use Restrictions: No automobile service stations, car washes or drive-in eating or drinking establishments shall hereafter be permitted closer than one hundred twenty feet (120') to the district boundary line of a residential district.
4. Building Height Restrictions: Where any lot hereafter rezoned into a commercial or manufacturing district is contiguous to or across an alley from any lot rezoned residential, the height of buildings on said lot shall not exceed the height permitted on such lot rezoned residential.
D. Permitted Obstructions In Required Yards: No obstructions shall be allowed in any yard required by this title. However, the following shall not be considered to be obstructions when located in required yards specified, subject to the requirements to maintain visibility at intersections contained in subsection B of this section:
1. In all required yards: sills, belt cornices, and other architectural features extending not more than eighteen inches (18") into the yard; awnings or canopies projecting into a required yard not more than twenty five percent (25%) of the required yard depth; steps, including required fire escapes or ramps necessary for access to buildings or lots; chimneys projecting two feet (2') or less into a required yard; arbors and trellises; flagpoles; air conditioner compressors; and trees and shrubs or like kind.
2. In required front yards: bay windows projecting three feet (3') or less into the required front yard; open terraces, decks or balconies not projecting over ten feet (10') into the required front yard; eaves and gutters; fuel, air and water pumps in conjunction with automobile service stations, provided they shall be set back at least thirteen feet (13') from the front lot line; canopies over fuel pumps; fences and walls not exceeding four feet (4') in height in the required front yard in residential district and eight feet (8') in height in all other districts except for nonresidential uses. The maximum fence height shall be measured from the established grade of the fence owner's property.
3. In required side yards: eaves and gutters projecting two feet (2') or less; off street parking facilities as provided in chapter 11 of this title; refuse storage areas (dumpsters); fences and walls not to exceed three and one- half feet (31/2') in height in residential districts and eight feet (8') in height in all other districts except for nonresidential uses. The maximum fence height shall be measured from the established grade of the fence owner's property.
4. In required rear yards: off street parking facilities as provided in chapter 11 of this title; detached residential garages or carports; swimming pools, tennis courts and other similar recreational facilities; storage buildings permitted as accessory uses; balconies; open porches, terraces and decks; refuse storage areas (dumpsters); bay windows projecting three feet (3') or less into the required rear yard; eaves and gutters, provided eaves and gutters of accessory buildings are not closer than two feet (2') from a lot line; and fences and walls of height specified in chapter 7 of this title. (Ord. 2009-36, 4-6-2009)