A. General.
1. All development, except as provided by special use, must conform to the minimum bulk regulations as set out in this Section.
2. No building, structure or land located in the Village shall be used or occupied, and no building or structure shall be erected, moved, reconstructed, extended, enlarged or altered unless in accordance with the minimum lot area, lot width, setback and open space requirements set forth on Table 6-104(A) or as otherwise required by these regulations.
3. No setbacks existing on the effective date of these regulations shall subsequently be reduced below, or further reduced below if already less than the minimum setback requirements set out in Table 6-104(A) for equivalent new construction.
4. No lot shall hereafter be divided into two (2) or more lots unless all lots resulting from such division conform with all applicable minimum lot size requirements of the zoning district in which such lots are located or as otherwise provided in these regulations.
5. (Reserved.)
6. Any lot which was of record at the time of the adoption of these regulations, and which does not meet the requirements for minimum lot width and area set forth on Table 6-104(A), may be utilized for a use permitted under the zoning district in which the lot is located, provided that the applicable setbacks and other provisions of these regulations are met.
(Amd. Ord. 4926 – 9/15/14)
(Table 6-104(A), including amendments by Ord. 2514 – 1/17/94, Ord. 4015 - 5/2/05, Ord. 4926 – 9/15/14, Ord. 5126 – 9/19/16, and Ord. 5168 – 2/20/17, was deleted by Ord. 5312 – 7/16/18.)
B. Lot Coverage.
1. Location of Required Open Space.
a. Open spaces shall be maintained on all lots outside of the required building setback (the building envelope), unless otherwise enabled by these regulations as accessory uses and structures. Required building setbacks shall be measured inward from the property lines of the subject site.
b. No required setbacks, other open space, or minimum lot area allocated to a building shall be used to satisfy the setbacks or other open space or minimum lot area requirements for any other building.
2. Uses and Structures Prohibited in Required Setbacks.
a. No principal building or structure shall be located within any setback required by these regulations.
b. Except as otherwise provided in Section 6-306 of these regulations, no off-street parking area, maneuvering area for parking spaces, or loading area shall be located within any required front setback or within any required side setback which abuts a street. This restriction shall not apply to driveways of single family detached dwellings providing access from the street to the parking area.
c. No outdoor storage of goods and materials or refuse containers shall be located within any required front setback, or within any required side setback which abuts a street, except for the temporary placement of refuse containers for curbside pick-up in residential districts.
3. Maintenance of Setbacks and Other Open Spaces. The maintenance of setbacks and other open spaces and minimum lot areas set forth on Table 6-104(A) shall be a continuing obligation of the owner(s) of the property.
4. Required Building Setbacks v. Actual Building Setbacks. The regulations of this section and the subsequent zoning districts establish the required building setbacks for the lots of each zoning district, effectively establishing a building envelope in which to erect principal structures, additions and accessory uses and structures. The setbacks of each zoning district shall be interpreted to read as the required setbacks. In the case when a principal building is set back further than the required setback, the actual setback, being more restrictive, shall not govern nor override the ability of a property owner to construct within the zone's established building envelope, which meets the required building setbacks. The exception to this is fences and similar accessory structures, which have regulations regarding presence in front yard spaces. (Ord. 4926 – 9/15/14)
C. Number of Buildings Per Lot. No more than one (1) principal building devoted to a single use shall be located on a lot, except as approved as a special use for planned development in accordance with these regulations. (Ord. 3130 – 5/18/98)
1. The height limitation established for each district shall not apply to public utility poles and lines, skylights, fire towers, spires, cooling towers, parapet walls, co-located wireless communication facilities, and roof structures for elevators, stairways, tanks, heating, ventilation and air-conditioning equipment, or similar equipment for the operation and maintenance of a building.
2. Unless located in or adjacent to a residential district, the height limitation shall not apply to radio or television towers, steeples, chimneys, and water tanks.
Freestanding wireless communication facilities must meet the height requirements of Section 6-311.
3. Structures exempted from the maximum height provisions by Subsections (1) and (2) above may not exceed a height of ten (10) feet above the average roof line of the building to which they are affixed or adjacent unless permitted by a special use permit. Wireless communication facilities shall follow the height regulations of Section 6-311. (Amd. Ord. 4926 - 9/15/14)
E. Clear Sight Triangles at Street Intersections.
1. The restrictions set out in this Subsection shall apply to the following triangles of land abutting street intersections:
a. Arterial streets: The triangle bounded on two (2) sides by the curb (or pavement edge where there is no curb), measured in each direction along the curb or pavement edge for 50 feet from their point of intersection or pavement edge, and on the third side by the diagonal line connecting the ends of the 50-foot sides; and
b. Collector streets: The triangle bounded on two (2) sides by the intersecting street lines, measured 35 feet in each direction from their point of intersection, and on the third side by the diagonal line connecting the ends of the 35-foot sides.
2. Within the triangles identified in Subsection (1) above, and except as provided in Subsection (3) below, no structure, sign, plant, shrub, tree, berm, fence, wall, or other object of any kind shall be installed, constructed, set out or maintained so as to obstruct cross-visibility at a level between 30 and 72 inches above the height of the curb.
3. The restrictions of this Subsection shall not apply to:
a. Existing natural grades which, by reason of natural topography, rise 30 or more inches above the level of the center of the adjacent intersection;
b. Trees having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the area between 30 and 72 inches above the level of the center of the adjacent intersection; and
c. Fire hydrants, public utility poles, street markers, and traffic control devices.
F. Obstruction of Public Right-of-Way. Except as otherwise permitted by these regulations, no structure, fence, landscaping, driveway, parking lot, newspaper vending machine or mailbox shall be permitted which obstructs or otherwise interferes with public use of a street right-of-way or other public easement.
(Ord. 4574 - 7/6/10 moved Section 6-301 "Bulk Regulations" to Section 6-104 for reorganization)