(A) Minimum yard requirements.
District | Yard | Minimum Depth or Width, subject to Exceptions Set Forth in This Section |
District | Yard | Minimum Depth or Width, subject to Exceptions Set Forth in This Section |
R-1 and R-2 | Front | A minimum depth of 40 feet |
Side in R-1 | A minimum width of 10 feet for each side yard, and total side yard width of 30% of the width of the lot. In the case of a side yard abutting a street, the minimum width shall not be less than 40 feet, unless a uniform setback line has been established or observed on the same side of the street between two intersecting streets at April 14, 1969, in which case the uniform setback line shall be maintained, and the total side yard width shall be equal to the greater of 50 feet or 30% of the width of the lot | |
Side in R-2 | A minimum width of 8 feet for each side yard; provided, however, that in the case of a side yard abutting a street, the minimum width shall not be less than 40 feet, unless a uniform setback line has been established or observed on the same side of the street between two intersecting streets at April 14, 1969, in which case the uniform setback line shall be maintained | |
Rear | A minimum depth equal to the larger of 25 feet or 20% of the depth of the lot | |
R-3 and R-4 | Front | A minimum depth of 40 feet in the case of District R-3 and 30 feet in the case of District R-4; provided, however, that the minimum depth shall be seven feet for single-family attached dwellings approved by special use in District R-4 |
Side | A minimum width of 6 feet for each side yard; provided, however, that a minimum width of three feet for each side yard, and a total side yard of 10 feet for single-family attached dwellings approved by special use in District R-4 | |
Rear | A minimum depth equal to the larger of 25 feet or 20% of the depth of the lot | |
(B) Exceptions. The minimum yard requirements set forth above in this section are subject to the following exceptions, which shall not apply to single-family attached dwellings in the R-4 District:
(1) Front yards; average setback line and average principal building setback line. Where 30% or more of all property, according to front feet, abutting upon one side of a street between two intersecting streets is built up with buildings having an average setback line of more, or of less, than 40 feet from the front lot line in the case of Districts R-1, R-2 and R-3 or 30 feet from the front lot line in the case of District R-4, the average to exclude corner lots:
(a) No building erected or structurally altered after April 14, 1969, except as permitted by § 153.208(A), shall project beyond the average setback line so established; provided, however, that nothing in this subsection shall require a setback line of more than the following distance:
District | Setback Line |
In Districts R-1 and R-2 | 50 feet in a block with street frontage (between intersecting streets) of not more than 400 feet; or |
60 feet in a block with street frontage (between intersecting streets) of more than 400 feet | |
In Districts R-3 and R-4 | 40 feet |
(b) No portion of a building, other than covered but otherwise open, unscreened and unenclosed porches with a height of more than one story, erected or structurally altered, except as permitted in § 153.208(A), pursuant to a permit issued on or after October 22, 2005 shall project beyond the average principal building setback line of all property abutting upon one side of a street between two intersecting streets, which average to exclude corner lots.
(2) Side yards. Nothing in this section shall reduce the buildable width of a corner lot in any residence district legally existing at April 14, 1969 to less than 28 feet. If the principal building on a lot in District R-1 or R-2 maintained a minimum side yard setback of six feet or more as of June 1, 1990, but less than the applicable minimum side yard setback set forth in this section for District R-1 or R-2, whichever is applicable, the principal building may be enlarged or structurally altered in the side yard, if and only if the principal building, as so enlarged or structurally altered, shall not project beyond the individual side yard setback line maintained as of June 1, 1990, and, in District R-1, also meets the minimum 30% total side yard width requirement set forth in this section.
(3) Rear building lines on lots abutting Lake Michigan. Notwithstanding any rear yard requirement in subsection (A) above, no principal building, or structural alteration to an existing principal building, on a lot abutting Lake Michigan may be located further from the front lot lie of the lot than the average of the rear building lines for the lots located on either side of the lot on which the new principal building or structural alteration is proposed; provided, however, that the limitation in this subsection (B)(3) will not apply to (i) any principal building, or structural alteration to an existing principal building, on a lot abutting Lake Michigan constructed prior to November 1, 2016; (ii) any principal building, or structural alteration to an existing principal building, on a lot abutting Lake Michigan for which a village permit or permit extension has been issued, or for which a complete application has been filed with the village, prior to November 1, 2016; and (iii) any principal building or structural alteration to an existing building, constructed prior to November 1, 2016 or pursuant to subsection (B)(3)(ii) of this section, that is reconstructed or remodeled on the exact foundation of such principal building or structural alteration and does not extend above the previous height of such principal building.
(Ord. 577, passed 4-14-1969; Ord. 936, passed 6-13-2005; Ord. 946, passed 10-11-2005; Ord. 976, passed 4-9-2007; Ord. 1177, passed 10-17-2016)