(A) Additions along a legally established nonconforming setback.
(1) The minimum front yard, minimum side yard, or minimum rear yard for any legally established nonconforming building having a setback which is less than that which is required by this chapter shall be allowed to expand 1 or more times along the legally established nonconforming setback provided the applicant can demonstrate that:
(a) All other applicable development standards, except the 1 legally established nonconforming building setback to be expanded upon, are in compliance with the requirements of the district;
(b) A minimum of 2 of the other applicable development standards will be brought into compliance with the requirements of the district; or
(c) A minimum of 4 of the other applicable development standards will be reduced as to their extent of nonconformity by the maximum extent feasible given site constraints and such that, in the determination of the Zoning Administrator, conditions on the lot will be improved.
(2) For the purposes of this division (A), other applicable development standards shall include the following divisions of each district: use of minimum yards and residential bufferyards; maximum building height; landscaping; lighting; signs; parking; loading; greenway connection; and outdoor operations.
(3) The provisions of this division (A) shall not be applicable to any lot which includes a side residential bufferyard or a rear residential bufferyard (i.e., abuts a Residential District on along a side lot line or a rear lot line).
(B) Additional front setback provisions.
(1) Public streets. In the case where the thoroughfare plan does not include a proposed right-of-way, or where the existing right-of-way is greater than the proposed right-of-way, the existing right-of-way line shall be used for setback measurement.
(2) Public streets and private streets.
(a) The minimum front yard and minimum building setback from the right-of-way line of a private street shall be the same as for a local public street in the applicable Commercial/Town Center District.
(b) The setback provisions of this chapter are subject to the following modification:
In any block in any Commercial/Town Center District contained in this chapter in which an existing front yard setback is established by existing, legally established buildings or structures on more than 60% of the total number of lots within the same block face fronting on the same public street, the minimum required front yard setback for any new building, structure, or addition along the block face shall be the average of the established front yards if the dimension is less than the minimum front yard setback established by this chapter.
(c) Any development permitted within a required front yard shall be those specified in the “Use of Minimum Yards and Residential Bufferyards” divisions of the applicable Commercial/Town Center District.
(C) Setback regulations for laterally-supported extensions. Notwithstanding any setback regulations of this chapter to the contrary, laterally-supported extensions, such as:
(1) Canopies, sills, belt courses, eaves, cornices, bay windows, roof overhangs, or other ornamental features, may extend:
(a) A maximum of 12 inches into any minimum front yard, minimum side yard, or minimum rear yard; or
(b) For a building with a setback of less than 3 feet, a maximum of 12 inches into a public right-of-way, subject to the upon approval of the Indiana Department of Transportation (if applicable) and the town.
(2) Open or enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers may extend:
(a) A maximum of 5 feet into any minimum front yard, minimum side yard or minimum rear yard; or
(b) For a building with a setback of less than 3 feet, a maximum of 3-1/2 feet into a public right-of-way, subject to the upon approval of the Indiana Department of Transportation (if applicable) and the town.
(D) Height regulations for roof mounted or roof piercing structures. The following regulations shall apply to the roof mounted or roof piercing structures in any Commercial/Town Center District:
(1) Parapet walls may exceed the maximum building height, provided the parapet wall does not exceed 4 feet in height above the roof line; and
(2) Roof mounted or roof piercing chimneys, cooling towers, elevator bulkheads, mechanical penthouses, stacks, stage towers, scenery lofts, water towers, radio or television antenna, ornamental towers, cupolas, domes, steeples and spires, may exceed the maximum building height, provided the structures do not exceed 25 feet in height above the roof line.
(Ord. 1221, § 4.11(f), passed 1-26-2010)