(A) Building heights.
(1) The maximum heights of buildings shall be as follows:
(a) Single- or two-family dwelling: 30 feet;
(b) Multifamily dwelling: 35 feet;
(c) Accessory building: 15 feet;
(d) Commercial building: 35 feet; and/or
(e) Industrial building: 40 feet.
(2) Radio towers for licensed amateur radio operators may be erected to a height of 50 feet in the R-3 and R-2 Districts. Radio towers for licensed amateur radio operators and structures related to agricultural uses and operations may be erected to a height of 100 feet in R-1 and agricultural districts.
(B) Building setback requirements.
(1) Setback lines for improved blocks shall be in accordance with the setback distance already established. In any improved block which contains existing legally established buildings on 30% or more of the frontage of the same block on the same side of the street, or a distance of 300 feet, whichever is the lesser, the minimum required setback line shall be the average of such established setback line, but in all districts other than MXD, the setback shall not be less than 15 feet. For the purposes of this section, the existing average setback shall be determined using the distance between the right-of-way and the closest portion of the existing building (including roof overhangs or other structural appurtenance to the building).
(2) In no case shall a structure be permitted to be constructed within the right-of-way.
(3) Setback dimensions shall be measured from the right-of-way line of a road or street that the parcel abuts and from neighboring property lines.
(C) Vision clearance. On any corner lot on which a front yard is required, no wall, fence, or other structure shall be erected and no hedge, tree, shrub, or other growth shall be maintained in such a manner as to cause danger to traffic by obstructing the view.
(D) Buildings or uses per lot. There shall be no more than one principal residential building or use per lot, except for multifamily dwellings in conformity with this chapter. There may be more than one principal commercial or industrial building or use on a single parcel, provided that such buildings or uses are under common ownership or control.
(E) Yard areas. No accessory building or structure shall be permitted in any front yard area, except for lawn ornaments, outdoor lights, and other such items which customarily are located in the front yard area. Antenna shall not be located in the front yard in any district. Fences in front yards shall be decorative and can only be installed after a review and approval of the design by the Plan Commission. Up to a six-foot high fence is permitted in a rear or side yard. Barbed and/or razor wire is prohibited.
(F) Outdoor storage and display. Outdoor storage or display of materials shall not be permitted unless such storage is a customarily accessory use to the principal use of the property. Such materials stored out of doors shall be effectively screened from view of neighboring properties by an opaque fence or landscape screen.
(G) Lighting. No lighting shall be permitted which creates a glare or other nuisance to neighboring property.
(H) Above-ground fuel tanks. Any above-ground fuel tank shall meet all applicable regulations of the National Fire Protection Association. In no case shall any tank used to dispense fuel directly to vehicles be placed above ground.
(I) Home occupations. Home occupations shall be permitted in residential districts by the grant of a home occupation permit issued by the Plan Commission, subject to the following requirements.
(1) Permitted home occupations shall be incidental and subordinate to the use of the premises as a residence.
(2) Permitted home occupations shall not be of such scale and/or nature that they interfere with the use and enjoyment of neighboring residences or create a nuisance.
(3) For purposes of this chapter, home occupations include, but are not limited to, professional offices, real estate or insurance offices, writing, painting, photography, consultation, tutoring, music instruction, and clergy.
(4) The operator of a home occupation must reside in the home housing the home occupation and the primary use and appearance of the property shall, at all times, remain residential.
(J) Mobile homes. A mobile home being any unit originally intended as a dwelling unit, whether used for a dwelling unit or other purpose, shall be subject to the applicable provisions of this chapter.
(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99