A. Continued Conformity With Yard Regulations: The maintenance of yards, other open spaces and minimum lot area legally required for a building within a zoning district shall be a continuing obligation upon the owner of such building or property. Furthermore, no legally required yard, 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 space or minimum lot area requirements for any other building.
B. Division Of Zoning Lot: No zoning lot shall be hereafter divided into two (2) or more zoning lots unless all zoning lots resulting from such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located. If a lot is built upon under one building permit, then divided, it can only be so divided if each newly created lot, or portion of the original lot, is platted as a lot of record and conforms to the subdivision regulations of the village (title 10 of this code).
C. Location Of Required Yards And Open Space: All yards and other open spaces allocated to a structure or use shall be located on the same zoning lot as such structure or use, except as otherwise provided in this title.
D. Determination Of Yards In Particular Cases:
1. Established Setbacks: Where lots comprising forty percent (40%) or more of the frontage on a block are developed with buildings having front yards of greater depth than required herein, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
2. Corner Lots: On corner lots, the front yard shall be deemed to be the side with the shortest street dimension of the lot.
3. Through Lot:
a. On through lots the front lot line shall be determined by the community development director. However, when a front lot line has been established along the same street right of way line, the right of way line shall be the front lot line on all remaining through lots in that block.
b. On through lots, all front yard requirements shall apply to the required rear yard unless such rear yard is properly screened by a screening fence or landscaped screening at least five feet (5') in height.
4. Setbacks Along Streets And Thoroughfares:
a. Existing Structures: Minimum setbacks for existing structures on lots abutting a street or thoroughfare shall be the distance required for a front yard, or corner side yard, in the district in which such lots are located, measured from the existing right of way line of the street or thoroughfare.
b. New Structures: Minimum setbacks for new structures on lots abutting a street or thoroughfare shall be the distance required for a front yard, or corner side yard, in the districts in which such lots are located, measured from the existing right of way line as designated on the official map of the village, or as duly established by other ordinances and recorded or established setbacks of the village, or as established by the community development director, or as established by county or state highway authorities, whichever has the greatest right of way requirements.
5. Setbacks Along Arterial Roads: Zoning lot setbacks, in all residential zoning districts located along principal arterial roads, shall be twice the distance of the required yard.
E. Permitted Obstructions In Required Yards: Required yards shall be unobstructed from the ground level to the sky except for the following permitted obstructions when located in the required yard specified and in conformance with the sight line regulations of the village:
1. In all yards:
a. Awnings and canopies, projecting four feet (4') or less into the yard;
b. Steps or ramps not over four feet (4') wide, by four feet (4') in depth, which are necessary for access to a permitted building or for access to a zoning lot from a street; unless existing ramps or stairs exceed four feet (4') in width, then a maximum of six feet (6') in width may be allowed (see diagram 1 of this section). Roofed over decks and porches may extend to a depth of no more than six feet (6'), provided that the front yard setback is a minimum of nineteen feet (19') (see diagrams 2 and 3 of this section). The maximum height of the porch floor, above grade, shall be four feet (4'). All porches shall match the architectural elevation of the principal structure, and be approved by the community development director. Exception: approved accessible ramps and platforms;
c. Chimneys, projecting twenty four inches (24") or less into the yard, except that in side yards a minimum building separation distance of twelve feet (12') must be maintained;
d. Flagpoles;
e. Window unit air conditioners, projecting not more than eighteen inches (18") into the yard;
f. Fences and walls, subject to the applicable restrictions;
g. Signs, subject to the applicable restriction of chapter 10 of this title;
h. Ornamental light standards;
i. Trees, shrubbery and other planting; and
j. Temporary uses and structures subject to chapter 12 of this title.
2. In front yards:
a. One-story bay windows, projecting three feet (3') or less into the yard;
b. Overhanging eaves and gutters, projecting three feet (3') or less into the yard.
3. In side yards:
a. Overhanging eaves and gutters, projecting eighteen inches (18") or less into the yard;
b. Parking of recreational vehicles, subject to the applicable restrictions of section 11-4-5-3 of this chapter.
4. In rear yards:
a. One-story bay windows, projecting three feet (3') or less into the yard;
b. Overhanging eaves and gutters, projecting three feet (3') or less into the yard;
c. Permitted accessory structures, subject to the applicable restrictions of section 11-4-4 of this chapter;
d. Attached heating and cooling compressor units projecting not more than four feet (4') into the yard;
e. Open terraces and decks with railings which are a minimum of fifty percent (50%) open, not over four feet (4') above the average level of the adjoining ground, but not including a permanently roofed over terrace or porch.
F. Exclusion Of Drainage District Easements: Where a lot is subject to an easement to a drainage district for maintenance or improvement of a ditch or waterway for surface water drainage, the area subject to such easement shall not be considered in meeting the requirements of this title for minimum lot area, maximum lot coverage, and minimum yards.
G. Exclusive Of Easements For Private Road Right Of Way: Where a lot is subject to an easement for a private road right of way, the area subject to such easement shall not be considered in meeting the requirements of this title for minimum lot area, maximum lot coverage and minimum yards. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)