§ 153.085 BULK AND AREA REQUIREMENTS: B-1A OR CS COMMERCIAL SHOPPING DISTRICT.
   (A)   Area. Every lot upon which a structure is hereafter erected shall front onto a dedicated street or public right-of-way and shall conform to the following minimum lot area and width requirements.
      (1)   Residential use.
         (a)   The tract area shall be a minimum of 10,000 square feet with a minimum tract width of 100 feet (where sanitary sewers are available) for single-family detached and single-family attached uses. For a quadruplex, (four units with two common walls), the minimum tract area is 14,000 square feet. For multiple family uses and “group quarters” uses (Use Unit 7), the minimum tract area is 10,000 square feet with a minimum tract width of 100 feet.
         (b)   It is assumed that there is a minimum of four townhouses per structure with a 100-foot tract width; thus, the minimum lot width 20 feet (with public sewers) for townhouses. Therefore, the interior lots of the four townhouses have a minimum lot area of 2,000 square feet and the exterior townhouse lots are a minimum of 3,000 square feet.
         (c)   It is assumed that there are two units per structure in a duplex with a 100-foot tract width; thus, the minimum lot width is 50 feet (with public sewers) with one common wall for duplexes. Therefore, the minimum lot area is 5,000 square feet per dwelling unit (where sanitary sewers are available).
         (d)   It is assumed that there are four units per structure in a quadruplex with a 100-foot tract width; thus, the minimum lot width is 50 feet (with public sewers) for a quadruplex with two common walls. Therefore, the minimum lot area is 5,000 square feet per dwelling unit (where sanitary sewers are available).
         (e)   Where no sanitary sewers are available and disposal is by soil absorption, the minimum lot area shall be one acre per single-family detached dwelling and one acre per duplex structure. The lot size for townhouse, quadruplex, multi-family structures and “group quarters” (Use Unit 7) structures shall not be less than one acre, and the Posey County Health Department may require a larger lot size. For all residential uses, the Posey County Health Department may require a larger lot for any type of residential use.
      (2)   Non-residential use.
         (a)   The lot area shall be at least 10,000 square feet with a minimum width of 100 feet.
         (b)   Where no sanitary sewers are available and disposal is by soil absorption, minimum lot of the area shall be one acre. The Posey County Health Department may require a larger lot.
   (B)   Yards.
      (1)   Front yard and street side yard.
         (a)   Every lot or tract shall have a front yard (or street side yard) not less than ten feet in depth. If the proposed structure falls between two developed lots, the front yard setback should be the average of the two abutting lot structure setbacks.
         (b)   When a B or C District abuts an O or R District, the front yard requirements of the O or R District should be observed for 200 feet into the B or C District (except the CBD). When a B or C District abuts an O or R District, off-street parking is prohibited in the front and street side yards; however, off-street parking would be permitted in front and street side yards greater than ten feet provided the side yards are landscaped to hide the parking area and the parking area does not extend into the first ten feet of the front or street side yard. The front yard and street side yard requirements of the B and C District may be reduced to none if adjacent lots or the majority of the lots on the blockface have no front yard or street side yard setback.
         (c)   If there is no dedicated roadway right-of-way, the front yard (or corner lot side yard) setback from the center of the roadway is 25 feet plus one-half the right-of-way width of the applicable roadway functional class as if the roadway had been dedicated (adding 25 feet for a “local street”, 40 feet for a “collector” or “secondary arterial”, 60 feet for a “primary arterial”, and 75 feet for a “divided primary arterial”).
      (2)   Side yard.
         (a)   Every lot shall have a side yard not less than ten feet in depth.
         (b)   The interior lot (or unit) of a townhouse structure with two common walls has no side yard requirement. The adjoining lots of a duplex with one common wall or adjoining lots of a zero lot-line development have no side yard requirement. The adjoining portion of lots of quadruplex structure with two common walls has no side year requirements.
         (c)   When a B or C District (except CBD) abuts an R-3, RM, O or R-O District, the side yard requirement is 20 feet, but may be reduced to ten feet if landscaped. When a B or C District (except the CBD) abuts an R-l, RS, RT or R-2 District, the minimum side yard requirement is 20 feet, and is to be increased one additional foot for each foot of building height exceeding 28 feet and cannot be reduced by landscaping.
      (3)   Rear yard.
         (a)   Every lot or tract shall have a rear yard of not less than 20 feet in depth. For a quadruplex, the rear yard must be observed for the tract holding the quadruplex structure, but is not observed for the adjoining portion of lots where a common wall exists between abutting units.
         (b)   When a B or C District (except the CBD) abuts an R-1, RS, RT or R-2 District, the minimum rear yard requirement of 20 feet is to be increased one additional foot for each foot of building height exceeding 28 feet and cannot be reduced by landscaping.
   (C)   Height. No building or structure, or part thereof, shall be erected or altered to a height exceeding four stories, not to exceed 50 feet.
   (D)   Lot coverage. For residential uses on individual lots or tracts not mixed with office or commercial uses, the combined area occupied by all principal and accessory buildings shall not exceed 50% of the area of the lot.
   (E)   Minimum floor area.
      (1)   Minimum livable floor area for a single-family detached dwelling unit shall be 950 square feet and a minimum of 23 feet wide.
      (2)   Minimum livable floor area for a single-family attached (townhouse, duplex, zero lot-line or quadruplex) shall be 650 square feet per dwelling unit, total of 1,950 square feet for a townhouse structure (assuming three units) total 1,300 square feet per duplex structure (two units) total of 650 square feet per zero lot-line unit, and total of 2,600 square feet per quadruplex structure (four units).
      (3)   Minimum livable floor area for a multiple-family dwelling shall be 400 square feet for an efficiency apartment, 500 square feet for a one-bedroom apartment, 600 square feet for a two-bedroom apartment, and 700 for a three-bedroom apartment.
   (F)   Minimum lot area per dwelling unit. For residential uses on individual lots or tracts not mixed with office or commercial uses, the minimum lot area per dwelling unit shall be 1,500 square feet for multiple family uses and other residential uses in the Use Group 7 containing multiple dwelling units.
   (G)   Floor area ratio. The floor area ratio shall not exceed 0.50.
   (H)   Dwelling unit density. The maximum number of dwelling units per acre is 29.04.
(Ord. 12-16, passed 8-8-12)