In addition to all regulations specified for the Zoning Districts and in other sections of this chapter, the provisions of this Section inclusive shall be used for interpretation and clarification.
(a) Restriction on Principal Buildings. In a Residential district, there shall be no more than one principal building or use on one lot, except through the Planned Development process. In order for a residential structure to be considered one principal building, each dwelling unit within the structure must have space fully enclosed from the weather (and which is customarily heated and cooled) sharing a common wall at least eight (8) feet in length with fully enclosed space of at least one other dwelling unit within the same structure. In Commercial or Industrial districts, more than one principal building is permitted provided all other site development regulations of the district are satisfied.
(b) Every building hereafter erected, converted, enlarged, reconstructed or structurally altered shall be located on a lot of record, and shall have its principal entrance upon a street bordering such lot. For the purpose of this provision an alley is not considered as a street, except for the lots that are considered alley lots with only alley access that may have its principal public entrance on either alley.
(c) Setback and Yard Requirements.
(1) Corner Lots.
A. On a corner lot the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located. (See the definition of Yard- front.)
B. On a corner lot, accessory buildings and uses may be located in the side yard with the most distance to the neighboring property or the side yard located at the rear of the house as illustrated in Figure 1. (Corner Lots)
(2) Double Frontage/ Through Lots.
A. Buildings on lots having frontage on two streets (double frontage lots) need not have a rear yard setback; however, the required front yard shall be provided on both streets as illustrated in Figure 2.
B. On a double frontage lot, accessory buildings may be located in the front yard located to the rear of the house as illustrated in Figure 2.
(3) Front Yards.
A. The width of a lot is measured at the setback line established under the zoning district or on a plat of record on file with the Butler County Recorder.
B. An average front yard setback may be established when more than fifty percent (50%) of the lots have been developed within that block face. The average front yard setback required shall, in no circumstances, be less than sixteen and five-tenths (16.5) feet.
C. Lots having frontage along a public street and one alley along the side of the property shall provide a side yard setback along the alley as illustrated in Figure 3.
D. Lots having frontage along a public street and one alley at the rear of the property shall provide a rear yard setback along the alley as illustrated in Figure 3.
E. Lots having frontage along a public street and two alleys' shall provide a side and rear yard setback along the alleys' as illustrated in Figure 3.
F. The front yard setback shall be taken from the right-of-way line; for purposes of applying this provision, any area vacated by Ordinance No. 103 measuring sixteen and five-tenths (16.5) feet in width shall not be counted toward the right-of-way from which the measurement is taken.
G. In any instance where the property line is in the center of the street and is not the same as the right-of-way line, the setback shall be taken from the right-of-way.
(4) Rear Yards.
A. Rear yard depths may be varied where the rear wall of a building is not parallel with the rear lot line or is broken or otherwise irregular. In such cases, the average depth of the rear yard shall not be less than the required minimum or narrower than twenty (20) feet.
Figure 2: Corner L ot Figure 2 : Double Frontage / Figure 3: Alley Lots
Through Lots
(5) Mixed Use Buildings. Where dwelling units are erected above commercial structures in commercial districts, no side yards are required, except such side yard as may be required in the district regulations for a commercial or industrial building on the side of a lot adjoining a residential district.
(6) Projections into Required Yards.
A. Every part of a required yard shall be open to the sky except for accessory buildings and ordinary projections of sills, belt courses, cornices, canopies, eaves, and architectural or ornamental features which may project a distance not to exceed two feet, six (6) inches. (1.5' above)
B. An open air ramp and necessary landing may project a distance not to exceed six (6) feet.
C. Bay windows, balconies, or chimneys may project into a yard a distance not to exceed three (3) feet; provided however, that the aggregate width of such projection shall not exceed one-third (1/3) of the length of the wall upon which they are located.
D. A porte-cochere may project into a required side yard provided every part of such porte-cochere is unenclosed and shall not be less than five (5) feet from the side lot line. No porte-cochere roof top may be utilized as a deck or outdoor living space unless it satisfies the setback requirements of the district in which it is located.
E. Stoops or steps to a building entrance, covered or uncovered, may project a distance not to exceed four (4) feet.
F. A patio less than one (1) foot above grade may encroach into side and rear yards, so long as it is at least five (5) feet from the side lot line and at least fifteen (15) feet from the rear lot line.
(e) Visibility at Intersections. On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and a half (2 ½) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots a line joining points along such street lines twenty (20) feet from the point of intersection.
(f) Use of the Vacated Right of Way. On any lot, having a portion of its land area, vacated by Ordinance No. 103, the use of that vacated portion shall be restricted to lawn, landscaping, sidewalks and authorized egress and ingress driveways, except that in the Uptown District such land vacated by Ordinance No. 103 may be used for municipally-owned parking or municipally-regulated parking and outdoor patio areas as regulated in Section 1143.10 Uptown District Regulations.
(g) Exceptions to Height Regulations.
(1) The height limitations contained in Chapter 1143 District Requirements do not apply to any agricultural farm structure provided they are located fifty (50) feet or more from a lot line of residentially zoned property.
(2) Church spires, belfries, cupolas, water tanks, ventilators, chimneys, air conditioning units, elevator bulkheads or other necessary mechanical equipment appurtenances usually required to be placed above the roof level and not intended for human occupancy except where the height of such structures will constitute a hazard to the safe landing and take-off of an aircraft at an established airport. Such appurtenances shall be positioned, to the extent possible, to minimize the visibility from street level.
(3) Such height regulations shall not apply to fire towers, cooling towers, gasholders or other structures where the manufacturing process requires a greater height. All such structures shall not occupy more than twenty-five percent (25%) of the area of the lot and shall be at least twenty-five (25) feet in all parts from every lot line.
(4) The height of cell towers and other wireless telecommunication towers are subject to the use-specific regulations of this chapter.
(h) Residential Building Additions. No addition to an existing residential building that results in or enables a new dwelling unit shall be approved, unless it is permitted by the underlying zoning district. Additions shall also be subject to the following requirements:
(1) Any addition that results in one or more new dwelling units shall:
A. Be constructed of material that is similar in type and proportions to the original building (e.g. if the original building's exterior consists predominately of brick material, the addition must also be constructed of brick material in a similar manner); and
B. Be designed in the same architectural style and character as the original building including maintaining or extending any architectural features on the existing building; and
(2) Any addition which serves as an expansion to an existing use and does not change the number of dwelling units shall:
A. Be constructed of similar material, in similar proportions, to the façade that is being extended or altered, unless located in the rear yard and not visible from any public right-of-way.
(i) ADA Compliance Standards. Any additions to a nonconforming structure or use for ADA compliance (i.e. elevator, ramp) that does not expand the use shall be permitted, provided the setbacks for the district in which it is located are satisfied.
(Ord. 3610. Passed 1-19-21.)