(A) Height.
(1) Except in the vicinity of the airport, where airport zoning regulations apply, the height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, state towers and scenery lots, cooling towers, ornamental towers and spires, chimneys, grain elevators, elevator bulkheads, silos, smokestacks, conveyors, and flag poles.
(2) Public, semipublic, public utility or public service buildings, hospitals, institutions, or schools where permitted may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet, when the required side and rear yards are each increased by one foot for each foot of additional building height above the height regulations for the district in which the building is located; provided, however, that the exceptions shall not be permitted when in conflict with the adopted Airport Zoning Ordinance.
(3) No building or structure or any portion thereof shall be erected or structurally altered so as to be in conflict with the regulations established in the adopted Airport Zoning Ordinance.
(B) Front yards.
(1) When more than 40% of the lots on one side of the street between two intersecting streets are improved with buildings that have a front yard different from the required front yard in the district, no building shall project beyond the average front yard so established; provided, however, that a front yard depth shall not be required to exceed 50% in excess of the front yard otherwise required in the district in which the lot is located.
(2) On lots having double frontage, the required front yard shall be provided on both streets.
(3) In a residential district, no fence, structure, or planting higher than three and one-half feet above the established street grades shall be maintained within 25 feet of any street intersection.
(4) An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than ten feet, but this shall not be interpreted to include or permit fixed canopies. Covered porches on buildings erected prior to the adoption of this amendment, extending into required front yards, shall not be enclosed nor included in computing the front yard requirements for adjoining buildings.
(5) Filling station pumps and pump islands may be located within a required yard, provided they are not less than 40 feet from the boundary of any residential district.
(6) Off-street parking facilities may be located within the required front yard of any B or M District but shall not be nearer than 50 feet to any R District, and no off-street parking shall be permitted in the required front yard of any R District.
(7) Merchandise offered for sale or rent shall not be displayed or stored in the required front yard.
(8) Signs.
(a) A freestanding advertising sign relating to the business carried on by the establishment occupying the lot may be located in the front yard if the sign is attached to a standard consisting of not more than three poles or supports, each with a diameter or width of not more than 12 inches, and if no individual face of the sign exceeds an area of 60 square feet plus one additional foot for each additional foot of lot frontage over 60 feet measured along the front lot line.
(b) In addition to a freestanding advertising sign, one sign which projects into the front yard may be attached to the building, provided that no individual face of the sign exceeds 32 square feet plus one-half square foot for each additional foot of lot frontage over 32 feet measured along the front lot line.
(c) Where there are no freestanding advertising signs in the front yard, one sign which projects into the front yard may be attached to the building, provided that no individual face to the sign exceeds 60 square feet plus one additional square foot for each individual foot of lot frontage over 60 feet measured along the front lot line.
(d) Two or more signs may be mounted on the same standard of a freestanding advertising sign, provided that the combined areas of the signs do not exceed the area requirements for a single freestanding sign as provided herein.
(e) Two or more signs which project into the front yard may be attached to the building, provided that the combined area of the signs do not exceed the area requirement for a single projecting sign as set forth above, and provided further, that the signs shall be mounted on one common fixture or support.
(f) Where a lot is occupied by two or more establishments within the same building, they may jointly erect a sign or signs. Two or more freestanding advertising signs may be located in the front yard where the lot is occupied by two or more establishments within the same building, provided that only one sign shall be erected for each 40 feet of lot frontage or fraction thereof, and the area of an individual face of each sign does not exceed 60 square feet, and provided that there shall be only one sign for each establishment occupying the lot. Two or more signs which project into the front yards adjoining the street and are attached to the building shall be permitted on a lot which is occupied by two or more establishments within the same building, provided that only one sign shall be erected for each 40 feet of lot frontage or fraction thereof, and the area of the signs does not exceed 32 square feet, and provided that there shall be only one sign for each establishment occupying the lot.
(g) In addition to the signs allowed in or to project into a front yard as hereinabove provided, the signs shall also be allowed in the side yard on the street side of a corner lot, subject to the same conditions and restrictions as those permitted in the front yard.
(h) No portion of any sign, exclusive of the standard of a freestanding sign, shall be less than nine feet above the level of the sidewalk; or, if there is no sidewalk, the level of the lot line nearest the sign, except where traffic lights may be obscured, the minimum height shall be 12 feet.
(i) No billboard, poster, flag, pennant, streamer, outdoor display or other advertising device not meeting the requirements above shall be permitted.
(j) Revolving beacons which resemble traffic control devices or emergency vehicle signs shall not be used. No signs employing exterior, brilliant, intermittent, rotating, or flashing lights shall be permitted within 50 feet of the boundary of any R District.
(9) The minimum width of the lot at the street line shall not be less than one-half of the required lot width.
(C) Side yards.
(1) On a corner lot, the width of the yard along the side street shall not be less than any required front yard on the street, provided, however, that the buildable width of a lot of record shall not be reduced to less than 26 feet.
(2) Where dwelling units are erected above a commercial establishment, no side yard is required except when required for the commercial building on the side of a lot adjoining a residence district.
(3) A porte-cochere or canopy may project into a required side yard, provided every part of the porte-cochere or canopy is unenclosed and not less than five feet from any side lot line.
(4) For the purpose of side yard regulations, a two-family dwelling or multiple dwelling shall be considered as one building occupying one lot.
(5) Where a lot of record at the time of the effective date of this chapter is less than 50 feet in width, the required side yard may be reduced to 10% of the width of the lot; provided, however, that no side yard be less than three feet.
(D) Rear yards.
(1) Where a lot abuts upon an alley, one-half of the alley width may be considered as part of the required rear yard.
(2) Unenclosed parking spaces may occupy not to exceed 90% of the area of a required rear yard.
(3) The ordinary projections of sills, belt courses, cornices, and ornamental features may extend to a distance not to exceed 18 inches into a rear yard.
(4) Open or lattice-enclosed fire escapes, outside stairways, and balconies opening upon fire towers and the ordinary projections of chimneys and flues into a rear yard may be permitted by the Administrative Officer for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.
(E) Lot area per family. Where a lot of record at the time of the effective date of this chapter has less area or width than herein required in the district in which it is located, and the owner of the lot at the time of the adoption of this chapter does not own any other parcel or tract adjacent thereto, the lot may nonetheless be used for a one-family dwelling or for any non-dwelling use permitted in the district in which it is located.
(F) Setbacks. The County Board may, upon recommendation of the Zoning Board of this county, establish setbacks in excess of those setbacks required by a zone district. The setbacks shall be granted when it is deemed necessary to protect any existing or proposed street, traffic way, freeway, highway, drive, or parkway, or any storm or flood runoff channel within the unincorporated area of the county. The setbacks shall only be valid, however, after the holding of public hearing as required by law in the township in which the special setback is proposed. All special setbacks shall be clearly shown on a map which is displayed in the office of the Zoning Inspector of this county.
(Ord. O-95-2-12, passed 2-9-2012)