(a) Platting Required. No use shall be established or altered and no structure shall be constructed or altered except upon a lot that has been platted in accordance with or which otherwise meets, the requirements of the Subdivision Regulations, when applicable and/or has been recorded with either the Union County or Madison County Recorder.
(1) Minimum requirements. The General Development Standards of this chapter are minimum requirements for the arrangement of lots and spaces to be achieved in all developments.
(b) Lot Area and Yard Space Preserved. The lot area and yard space required for a use or structure shall be maintained during its life and shall not be reduced below the minimum requirement, occupied by another use or structure, or counted as yard space for any other use or structure.
(1) Open yard required. The yard space required for a use or structure shall, during its life, remain free of all uses or occupancy except as follows:
A. Fences, walls and landscaping shall be permitted in any required yard, or along the edge of any yard, provided they comply with the standards of 1183.12 and are not located so as to reduce visibility. In no instance shall a fence or wall located between a public right of way and the front building line be more than three (3) feet in height. Landscaping intended to serve as a natural wall shall also not be more than three (3) feet in height between a public right of way and the front building line
B. Eaves, cornices, window sills and belt courses may project into any required yard a distance not to exceed two feet.
C. Open and uncovered porches may project beyond the front building line or into a required rear yard a distance not to exceed five feet.
D. Driveways shall be permitted in required yards, but shall be three feet or more from any property line, except where such driveways are developed jointly as a common drive to adjoining lots.
E. Parking areas shall be permitted in required yards developed in Industrial Zoning Districts to within twenty-five feet of a Residential Zoning District or a Planned Residential Zoning District as listed in Section 1141.02
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(2) Minimum yard requirements (nonresidential). Nonresidential uses shall not be located or conducted closer to any lot line of a Residential District than the distance specified in the following schedule.
Minimum Side or Rear Yard Abutting Any "R" District | Use |
25 Feet | Off-street parking spaces and access drives for nonresidential uses. |
50 Feet | Churches, schools, and public or semi-public buildings. |
75 Feet | Recreation facilities, entertainment facilities, motels, all commercial uses, and billboards. |
100 Feet | Outside sale or storage of building material or construction equipment uses. |
(3) Yards not otherwise required. Side and Rear Yard space not otherwise specified shall be twenty-five feet or more in width.
(4) Yards maintained. All yard space shall be maintained in accordance with one or more of the following provisions:
A. Fenced as permitted or required.
B. Landscaped by lawns, shrubberies, trees and other plantings, maintained in a neat and orderly natural state, or used for permitted accessory or ancillary use.
C. Paved for parking as permitted.
(5) Exceptions to yard requirements. The following exceptions may be made to yard requirements:
A. Where, on the effective date of the Zoning Ordinance, forty percent (40%) or more of a frontage was occupied by two or more buildings, then the front yard is established in the following manner:
1. Where the building farthest from the street provides a front yard of not more than ten feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then existing front yards.
2. Where subsection A.1. hereof is not the case and a lot is within 100 feet of a building on each side, then the front yard is a line drawn from the closest front corners of these two adjacent buildings.
3. Where neither subsections A.1. nor A.2. is the case, and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building.
(Ord. 05-08. Passed 2-25-08.)