1159.08 BUILDING SETBACKS.
   The setbacks for buildings in the HHD shall be determined as follows:
   (a)   The use of a parking structure for setback purposes shall be determined as follows: A parking structure shall be considered non-residential unless residential and only residential uses are built above the parking structure at the point of measure.
   (b)   Front yard setback. Front yard setbacks in the HHD are encouraged to create a street wall and buildings should be set a consistent distance from the right-of-way. The following regulations apply to front yard setbacks:
      (1)   The maximum front yard setback for buildings shall be ten feet from the right-of-way.
      (2)   To meet the required setback, a building's facade must meet the site layout and building configuration requirements of Section 1159.09(a)(1).
      (3) For panhandle lots, see Section 1159.09(c)(2).
      (4)   Exception for upper stories. The facades of buildings above the required minimum height established in Section 1159.13(a)(1) may be set back farther than ten feet from the right-of-way.
      (5)   Exception for multiple buildings. An adequate number of buildings and front facades on each site must meet the maximum required setback of ten feet from the right-of-way to create a consistent street wall along the frontage of the site in conformance with Section 1159.07. However, if the frontage of the site is designed with buildings at the setback line, the Village may allow additional buildings on the site to exceed this setback if they find that the development meets the other standards of this chapter and accomplishes the purpose of this district.
   (c)   Side yard setbacks. Side yard setbacks for development in the HHD shall be determined as follows:
      (1)   Buildings shall be set back a minimum of five feet from the side lot line when adjacent to any non-residential use outside of the HHD.
      (2)   When adjacent to a residential use outside of the HHD a building must be set back in accordance with existing regulations.
      (3)   Zero side lot line structures with a shared firewall may be permitted in a development under initial common ownership.
   (d)   Rear yard setbacks. Rear yard setbacks for development in the HHD shall be determined as follows:
      (1)   Commercial or non-residential structures shall be set back a minimum of 45 feet from the rear lot line or boundary line of adjacent residential properties outside of the HHD district.
      (2)   Commercial or non-residential structures shall be set back 15 feet from the rear property line when adjacent to a lot within the HHD district.
      (3)   Residential structures shall be located no closer than eight feet, or one-half the height of the building, whichever is greater, to the rear project boundary line of the development.
         (Ord. 32-2011. Passed 6-2-11.)