§ 153.043 PROPERTY DEVELOPMENT STANDARDS.
   (A)   Minimum lot area. Except as hereinafter provided, no building or structure shall be erected or located on a lot unless such lot conforms with the area regulations of the district in which it is located.
      (1)   Lots of record or individually held prior to December 15, 1971, may be smaller in area than the figure prescribed.
      (2)   The minimum lot area for each dwelling unit not served by sanitary sewers shall be subject to approval by the County Health Department.
      (3)   After the effective date of any ordinance by which any area is first zoned for any district, no land in such district may be decided by the recordation of any map or voluntary sale, contract of sale, or conveyance of any kind which creates a new parcel of land under separate ownership which consists of less than the minimum lot area required for the district of which such lot is a part.
      (4)   The restrictions of this chapter pertaining to creating a parcel of land below a specified minimum size shall not apply to division of land by succession, will, partition, proceedings, sale of execution or other division by operation of law.
   (B)   Lot dimensions.
      (1)   Every lot shall have a minimum frontage width not less than the required minimum lot widths in the district under consideration. Curve lots and cul-de-sac lots shall conform to the particular district wherein provisions are set forth for said lots. Every lot shall also have a minimum width and depth not less than that prescribed in the district under consideration. Each dimension is minimum only. One or both shall be increased to attain the minimum lot area required.
      (2)   Where a lot has a minimum width or depth less than that prescribed by this section, and said lot was of record under one ownership at the time that the area was first zoned whereby the lot became nonconforming, said lot may be used subject to all other requirements of the district in which such lot is located.
   (C)   Ground floor. The ground floor area requirements for dwellings, as set forth in the districts, shall apply. Dwellings shall not be changed except in conformity with these regulations.
   (D)   Building height. All buildings hereafter designed or erected and existing buildings which may be reconstructed, altered, moved, or enlarged shall comply with the height regulations and exceptions of the district in which they are located, with the addition of the following.
      (1)   An agricultural structure may be erected or changed to any height necessary for its operation.
      (2)   Spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, scenery lofts, penthouses, stacks, tanks, water towers, transmission towers, utility poles, and necessary mechanical appurtenances (excluding radio and TV, micro wave towers) may be erected or changed to any height that is not otherwise prohibited.
      (3)   Buildings may be erected or changed to a height not to exceed ten feet over that permitted in the district, provided that an additional side yard set back of one foot for each one foot that the building exceeds the district height limitations.
    (E)   Yards.
      (1)   In measuring a front yard or side yard adjoining a street, it shall be the perpendicular distance between the street and a line through the corner or face of said building closest to and drawn parallel with the street, excluding any architectural features.
      (2)   Architectural features (cornice, eaves, canopy, or similar feature) may extend or project into a required side yard not more than two inches for each one foot width of such side yard and may extend or project into a required front or rear yard not more than 36 inches. Chimneys may project into any required yard not more than two feet, provided that the width of said yard is not reduced to less than three feet thereby.
      (3)   An open platform or landing which does not extend above the level of the first floor of the building may extend or project into any required front or side yard not more than four feet or into any required rear yard not more than 25% of the required rear yard depth.
(1985 Code, § 36-7-4-600(3.3)) (Am. Ord. 22-1992, passed 7-7-1992