§ 151.085 BUILDING HEIGHT, YARD, AND COURT REGULATIONS.
   (A)   In the various districts there shall be provided on each lot a “required side yard” along each side lot line, a “required rear yard”, and a “required front yard”, the minimum dimensions of which shall be in accordance with the following regulations and § 151.086, “tabulation and formulae”.
   (B)   The minimum dimensions of courts and the maximum height of principal structures shall also be in accordance with said tables and regulations. The side and rear yard setbacks, height, and size of accessory buildings, when detached from the principal building, are set forth in division (B)(1)(c) below. Attached dwelling units, such as condominiums and rowhouses, are considered as single structures.
      (1)   Height, size and yard regulations for principal and accessory buildings.
         (a)   Building height.
            1.   a.   The height of principal buildings shall be the mean vertical distance from the average established grade in front of the lot, or from the average natural grade at the building line, if higher, to the average height of the top of the cornice of flat roofs, or to the deck line of a mansard roof, or to the midheight of a pitched or hipped roof.
               b.   Where a lot faces on two or more streets or alleys of different average established grades in front of the lot, the higher of the grades shall control only for a depth of 120 feet perpendicularly back from the street line of the higher street or alley.
               c.   On a corner lot the height is the mean vertical distance from the average established grade or from the average natural grade at the building line, if higher, on the street of greatest width, or if two or more such streets are of the same width, from the higher of such grades.
               d.   Principal building does not include detached accessory buildings (see division (B)(1)(c) below).
            2.   Public and semi-public buildings may be erected to a height not exceeding 45 feet; provided, that the required front, side, and rear yards required by § 151.086 are increased one additional foot for each two feet such building exceeds 30 feet in height.
               3.   Chimneys, monumental towers, church steeples and towers, monuments, domes, false mansards, and belfries may be erected to any height.
            4.   a.   Whenever hospitals, nursing, rest, convalescent homes, or retirement communities located in Residence B District are to have a center utilitarian unit to connect wings of such a building, such center unit may, in order to provide relief from repetition of elements in design, be erected to a height not exceeding 86 feet, exclusive of belfries, cupolas, domes, ornamentation, chimneys, and flag poles; provided, that the ground area of such center unit shall be not greater than one-sixth the ground area of the wings, and that the total usable floor area of such center unit shall be not greater than one-third of the total usable floor area of the wings.
               b.   Such height in excess of 45 feet shall not require any increase in the front, side, or rear yards.
         (b)   Yard dimensions and regulations.
            1.   Front yard.
               a.   In any residential district, all structures shall have a required front yard which is determined by multiplying the average width of the area in front of the principal structure by the setback specified in § 151.086(B).
               b.   In any residential district, the alignment of an improved property must conform to the average alignment of nearby buildings on the same side of street(s) for a distance of 200 feet along its frontage (for a corner lot the side is also required to conform to the average) within five feet.
               c.   For rounded or cul-de-sacs lots, alignment is calculated based on the midpoint of the house frontage to the property line.
            2.   Rear yard. In any residential or business district, all structures shall have a required rear yard which is determined by multiplying the average width of the area in back of the principal structure by the setback specified in § 151.086(B).
            3.   Side yard. In any residential or industrial district, all structures shall have a required side yard setback as specified in § 151.086(C) (see also corner lots, in division (B)(1)(b)5. below).
            4.   Street-to-street lots. In any residential district where a lot runs through the block from street to street, the required setback as defined for front yards in division (B)(1)(b)1. above shall be provided on each street.
            5.   Corner lots. In any residential district on a corner lot, the required width of the side yard setback along the side street shall be equal to the required sum of the widths of the two side yards minus three feet, except in division (B)(1)(b)1.b. above, where condition exists, such structure must conform to the setback specified in division (B)(1)(b)1.b. above.
            6.   Lot area.
               a.   Within any residential district, as indicated on the building zone map, every lot shall contain a lot area of not less than that stipulated in § 151.086(A), “tabulation and formulae”.
               b.   The Planning Commission shall have the power where the strict application of the requirements of minimum lot areas would result in undue hardship upon the owner of specific property to reduce the total required area by not more than 12.5% of such total area.
               c.   The provisions for a minimum lot area of 6,750 square feet for single-family residence in Residence A, B, and C Districts shall not apply to lots existing in duly recorded subdivisions, recorded in the County Recorders office prior to April 23, 1942, or on any plat of subdivision, which may have been, prior to April 23, 1942, submitted to the Commission and have endorsed thereon the approval of the Planning Commission.
            7.   Lot width.
               a.   No residence shall be erected in a residential district on a lot of less than 40 feet in width unless such lot is recorded on a plat of subdivision in the office of the County Recorder as of April 23, 1942.
               b.   In such instances, the minimum side yard and total side yards required shall be the same as required for a lot of 40 feet in width.
            8.   Minimum area, yards, and the like. The minimum area, yards, and other open spaces required by this chapter shall also apply to structures existing as of April 23, 1942.
            9.   Minimum yards. The minimum yards and other open spaces required in this chapter for each and every building existing as of April 23, 1942, or for any building hereafter erected or structurally altered shall not be encroached on or considered as yard or open space requirements for any other building or structure regardless of any change in ownership of the land included within those yards or other open spaces.
            10.   Minimum street frontage. Every lot in a residential district shall have a minimum street frontage of 20 feet.
            11.   A panhandle shaped lot where a narrow strip that is less than the full lot width is created that satisfies the minimum street frontage but positions a new or existing residence behind another without direct line of site of the public street is prohibited.
            12.   Attached garages cannot be the closest point of the principal structure to the front facing property line. Front facing garages should not be the predominant architectural feature of the residential facade.
         (c)   Height and yard regulations for accessory buildings.
            1.   a.   Accessory buildings shall not exceed 15 feet in total height measured from the grade at front of the structure to the highest point of roof, and shall be at least three feet from the rear lot line, and shall be at least three feet from any side lot line, measured from the nearest point of the accessory building to the rear lot line or side lot line as the case may be.
               b.   The total height measured from the grade at the front of the structure to the highest point of the roof may be increased one inch vertically for each additional two inches horizontally that the side yard and rear yard setbacks are increased beyond the three- foot minimum.
               c.   In no case shall the maximum height exceed 18 feet. In the rear yard of a corner lot, no accessory building shall be built closer to the street than the required front yard setback of either of the adjoining lots, in no case less than 25 feet.
            2.   a.   An accessory building in a required rear yard used for housing of motor vehicles used by the occupants of the property permitted under § 151.060(A)(7)(b) shall not exceed in area more than 30% of such required rear yard.
               b.   Accessory buildings used for storage purposes per § 151.060(A)(7)(b) shall not exceed in area more than 25% of such required rear yard.
      (2)   Court regulations.
         (a)   Generally. A court shall be provided for any room in which persons live, sleep, or work (except storage rooms) located in any residence district or in a business district which cannot be reasonably and exclusively lighted and ventilated as required in this chapter from a street yard.
         (b)   Minimum dimensions.
            1.   Inner court. The minimum length of any side of an inner court shall be seven feet for each story of the building in which the court is located.
            2.   Outer court. The minimum length of any side of an outer court shall be six feet for each story of the building in which the court is located.
         (c)   Minimum area. The minimum area of an inner court or outer court shall be not less than twice the square of the minimum length of any one side required for the court.
         (d)   Courts in existence. Courts in existence at the effective date (March 25, 1996) are permitted to continue, but new buildings must meet all standards of the State Basic Building Code (including light and ventilation).
(2000 Code, § 151.185) (Ord. O-4-96, passed 3-25-1996; Ord. O-16-03, passed 11-24-2003; Ord. O-12-06, passed 12-26-2006; Ord. O-24-22, passed 11-14-2022)