(a) Buildings and structures over twenty-five feet in height but not over thirty-five feet in height shall have side yards of at least eight feet. Buildings and structures over thirty- five feet but not over forty-five feet in height shall have side yards not less than twelve feet in width. For buildings and structures over forty-five feet in height, all side yards shall be increased one foot for each one foot of building height above forty-five feet. This exception shall apply to all “A” and “R” Districts. In all “C” and “M” Districts, a side yard shall be required only if the side of a lot or tract abuts an “A” or “R” District.
Buildings in A & R Districts | |
Where building height is: | Minimum Side Yard Setback is: |
>25 feet & <35 feet | 8 feet |
>35 feet & <45 feet | 12 feet |
>45 feet | Increase minimum 1 ft. for each foot over 45 ft. |
Buildings in C & M Districts | |
Where is side yard required? | Only when abutting an A or R district |
Where is rear yard required? | Only when abutting an A or R district |
(b) The height regulations of this Zoning Ordinance shall not apply to television and radio towers, public service distribution facilities, church spires, belfries, monuments, tanks, water and fire towers, stage towers, outdoor theater screens, scenery lots, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, industrial structures other than buildings, conveyors and flagpoles, except where such structures will constitute a hazard to the safe landing and take-off of military, public, commercial and private aircraft at an established airport.
(c) In all “C” and “M” Districts, a rear yard shall be required only upon that portion of a lot or tract abutting an “A” or “R” District.
(d) No building or structure shall be erected or structurally altered to be nearer than 100 feet from the center of the right of way of a major street. Major streets shall include the following:
Bayshore (west of Stadium) Norden Brown Oakdale Cedar Point Otter Creek Road Corduroy Pickle Coy Seaman Drouillard Stadium Dustin (west of Coy) Starr Issac Streets Drive Wheeling Lallendorf Woodville Millard Wynn Navarre York |
(e) A lot having frontage on more than one street shall conform to the front yard requirements on each street, except that on lots of record on the effective date of Ordinance 219-1973, passed July 9, 1973, one yard may be reduced to five feet less than the average established front yard for the street in question.
(f) Except as provided in subsection (d) hereof, in “A” and “R” Districts when forty percent (40%) or more of the frontage on the same side of a street between two intersecting streets or for a distance of 660 feet in each direction, whichever is the lesser, is developed with buildings that have a front yard greater or lesser in depth than otherwise required by this Ordinance, new buildings shall be erected no closer to the street that the average front yard so established.
(Ord. 269-2001. Passed 12-17-01.)
(Ord. 269-2001. Passed 12-17-01.)