The height and area regulations specified in the foregoing are modified as specified below.
(A) Lot area and width. Any lot of record at the time of passage of this chapter having less area or width than herein required may be used for a single-family dwelling. In the R-2 and R-3 Zoning Districts, any lot which was of public record and platted on or before May 8, 1978, on which there is proposed to be erected a single-family dwelling shall contain an area of not less than 7,500 square feet. In the R-2 and R-3 Zoning Districts, any lot which was of public record on or before November 10, 1986 upon which there is proposed to be erected a single-family, two-family or multiple-family dwelling shall have a lot width of not less than 65 feet. Minimum lot widths are as established in the table of area, height and yard regulations in § 152.090. For regularly shaped lots, the lot width shall mean the average distance between the side lot lines, measured at right angles to the depth of the lot along the lot frontage. For irregularly shaped or wedge-shaped lots, the lot width shall be the arc at the points of intersection of the front setback line with the side lot lines. For irregular shaped or wedge-shaped lots only, such as along a cul-de-sac, the front yard setback line may be adjusted to increase the front yard setback through the subdivision plat review process to meet the minimum lot width requirement, but in no case shall the lot frontage at the front lot line be less than 40 feet. The minimum lot area requirements shall be reduced to 5,000 square feet for any lot of record within a commercial or industrial district and existing on or before January 1, 2002 and which is proposed to be utilized for a permissive or conditional use consistent with that district as set forth in division (B) below.
(B) Front yard. Where 30% or more of a block front is improved with buildings, then no part of any new building shall project beyond a line joining the two adjacent corners of the buildings on either side thereof, or where there is a building on only one side, beyond a line projected from the corresponding adjacent corner of the building except that no building shall be required to provide a front yard greater than 50 feet in any event. Where an official line has been established for the future widening or opening of a street upon which a lot abuts, then the depth of a front or side yard shall be measured from the official line.
(C) Side yard. The required side yard shall be maintained on each side of a dwelling, but the side yard may be reduced to 10% of the lot width on lots of less than 65 feet in width, provided, however, that no side yard shall be less than five feet.
(1) The required side yard on the street side of a corner lot shall be the same as the required front yard on the street, except that the building width shall not be reduced to less than 32 feet, and no accessory building shall project beyond the required front yard on either street.
(2) For the purpose of side yard regulations, a two-family dwelling, group house or multiple dwelling shall be considered as one building occupying one lot.
(D) Rear yard. The required rear yard may be reduced to 20% of the depth of the lot on any lot not exceeding 125 feet in depth. An accessory building, including guest quarters, may be built within a required rear yard when located at least five feet from the rear lot line and when occupying not more than 30% of the area of the required rear yard. Accessory, open and uncovered swimming pools, home barbecue grills and home incinerators may occupy a required rear yard, provided they are not located closer than five feet to the rear lot line nor closer than two feet to a side lot line.
(E) All yards. The ordinary projection of roof over-hangs, cornices and ornamental features may be permitted but the projections shall not exceed 48 inches into any required yard.
(1) Filling station pumps and pump islands may occupy the required yard, provided, however that they are not less than 15 feet from street lines.
(2) One directional or name sign or sign advertising products sold on the premises may occupy required yards in a district where the sign is permitted by the use regulations of this chapter, provided the sign is of not more than 25 square feet in area.
(4) Where a lot or tract is used for multiple-family, commercial or industrial purposes, more than one main building may be located on the lot or tract, but only when the buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.
(5) Required front yards shall be devoted entirely to landscaped area except for guest parking and the necessary paving of driveways and sidewalks to reach parking or loading areas in the side or rear yard.
(6) Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side yard shall be measured from the official line to the nearest line of the building.
(7) Trailers, including camping and boat trailers, pick-up camper bodies, and boats shall be stored only in established rear yards.
(F) Height.
(1) Chimneys, cooling or water towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers or necessary mechanical apparatuses may be erected to any height not in conflict with any other ordinance of the village.
(2) Public, semi-public or public service buildings, hospitals, institutions, churches and schools, when permitted in a district may be erected to exceed height limits specified for the district, provided all required yards are increased by one foot for each foot of building height above the specified height limit.
(3) Buildings in the R-3, C and I Districts may be increased in height one foot for each foot the building is set back from all yard lines up to a maximum height of 100 feet, provided that the gross floor area provided exclusive of enclosed garages, does not exceed the number of square feet of land area of the lot on which the building is placed.
(G) Row house building.
(1) In districts where row house buildings are permitted and row houses are to be constructed for sale, each on its own lot, to individual owners, the row houses shall not be subject to the minimum lot requirements of § 152.090 but instead shall be subject to the minimum requirements specified in this section.
(2) Minimum lot area for a row house lot shall be not less than 5,000 square feet.
(3) Minimum frontage of a row house lot on a public street shall be not less than 30 feet on a standard lot and not less than 50 feet on a corner lot.
(4) (a) No side yard shall be required along any side lot line which is common to two attached row houses, whether they be on interior or exterior row house lots.
(b) On side yard, conforming to the least width required by § 152.090 shall be required along the side lot lines of an exterior row house lot where the lot line is not common to that of any other attached row house.
(5) Front yard and rear yard requirements as established in § 152.090 shall be provided for all row house dwellings.
(6) A minimum lot width of 40 feet shall be provided for all interior and exterior row house lots.
(7) Row houses shall be developed on subdivided lots with no more than three units per building; nor shall the building exceed 120 feet in length.
(8) The maximum lot coverage for row house lot shall be 40% and not less than 1,800 square feet of open space shall be provided on each row house lot.
(9) Exterior treatment of attached row houses shall be integrated. Exterior of buildings shall be maintained in their original color and treatment unless otherwise agreed to in writing by the affected lot owners.
(10) (a) An unobstructed easement shall be provided across the side and rear eight feet of each exterior row house lot (triplex), when adjacent to an interior row house lot, for ingress and egress of adjacent interior row house lot owners for maintenance purposes.
(b) The access easement shall be unobstructed and physically passable at all times. This easement shall be incorporated into each deed transferring title to the property.
(11) A party wall agreement shall be included in the subdivision covenants for each row house lot setting forth provisions for repair of common walls, repair of common utility service connections, reconstruction of the common building in the event of damage or destruction of one or all of the dwelling units and common maintenance and repair of joint facilities.
(12) The coincident property walls (party wall) of each row house shall be constructed in a manner which complies with the standards for common walls established by the BOCA Building Code of 1990, in that each common wall shall have a minimum fire resistance rating of two hours.
(Ord. passed 7-23-2002; Ord. 12-08-02, passed 8-28-2012; Ord. 17-09-02, passed 9-26-2017)