§ 155.109 BULK REGULATIONS.
   (A)   Continued Conformity with Bulk Regulations. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence; furthermore, no legally required yards, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space or minimum lot area requirements for any other building.
   (B)   Location of Required Open Space. All yards and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
   (C)   Required Yards; Existing Buildings. No yards, now or hereafter provided for a building existing on the effective date of this Chapter, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter for equivalent new construction.
   (D)   Permitted Obstructions in Required Yards. Permitted obstructions and detached accessory structures shall not, in the aggregate, occupy more than fifty percent (50%) of any required yard. However, the following shall not be considered to be obstructions when located in the required yards specified:
      (1)   In all yards. Open terraces not over three feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch; awnings and canopies; steps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting 24 inches or less into the yard; approved freestanding signs; arbors and trellises; flagpoles; window unit air-conditioners projecting not more than 18 inches into the required yard; and fences or walls subject to applicable height restrictions of this chapter.
      (2)   In front yards. One-story bay windows projecting three feet or less into the yards; and overhanging eaves and gutters projecting three feet or less into the yards. Open terrace shall not extend more than 6 feet into any required front yard, and in no event shall the open terrace extend within 10 feet of the front lot line.
      (3)   In rear yards. Open off-street parking spaces; balconies, recreational and laundry dying equipment; fallout shelters; outside elements of central air conditioning systems, extending not more than four feet into the yard; breezeways and open porches; one-story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting three feet or less into the yard.
      (4)   In side yards. Overhanging eaves and gutters projecting 18 inches or less into the yard.
   (E)   Established Building Setback and Minimum Front Yard. In any residential zoning district, in the event fifty percent (50%) or more of the lots fronting on one side of a block having five or more single-family residences located thereon have building setbacks lesser or greater in depth than that required for front yards in such given residential zoning district, a new single-family residence or an addition to an existing single-family residence may be erected upon a lot within such block but no closer to the street than the established building setback.
      (1)   In all cases the area between the established building setback and the front lot line shall be the front yard of such lot.
      (2)   In the event fifty percent (50%) of the lots fronting on one side of such block have building setbacks lesser in depth than that required for front yards and fifty percent (50%) of the lots fronting on one side of such block have building setbacks greater in depth than that required for front yards in such given residential zoning district, the minimum front yard shall be the required front yard in such given residential zoning district.
   (F)   Floor Area Ratio Application in Particular Cases. In all cases where two or more contiguous zoning lots are in common ownership and there was, at the adoption date of this Chapter, an existing building on one of such lots with less than the permitted maximum floor area ratio, the owner may elect to add the unused portion of the floor area ratio of the existing building to the maximum permitted floor area ratio of any addition to the existing building to be constructed on the adjoining lot, and in the event that such existing building was lawfully existing at the date of adoption of this chapter and exceeds the permitted maximum floor area ratio, any addition to the existing building to be constructed on the adjoining lot shall be entitled to the maximum floor area ratio permitted in the district in which it is located.
   (G)   Building Limitations.
      (1)   The height of a principal building, in the zoning districts hereinafter designated as C-1, C-2, C-3, C-4 HRO, I-1, and I-2, shall not exceed 45 feet.
   (H)   Driveways in Residential Districts. In zoning districts hereinafter designated as R-1, R-2, R-2/O, R-3, and R-4, single-family residences shall be limited to one uninterrupted driveway which provides one access point for ingress onto the lot and egress onto the public way, e.g. only one access point may be provided at the street or one access point at the alley. For all instances in which the public safety is viewed to be compromised or hardship identified as distinguished from a mere inconvenience, the Director of Community Development is authorized to allow for dual frontage driveways or multiple access points to the lot as conforming with all other Village codes and ordinances.
(Ord. 05-2539, passed 10-11-05; Am. Ord. 06- 2567, passed 4-25-06; Am. Ord. 10-2791, passed 9-28-10; Am. Ord. 17-4015, passed 8-3-17; Am. Ord. 18-4071, passed 6-21-18; Am. Ord. 19-4191, passed 12-5-19; Am. Ord. 24-4398, passed 3-7-24)