Subject to the provisions of cluster subdivisions and architecturally integrated subdivisions, all lots in the following districts shall have at least the amount of square footage indicated in the following table:

(Ord. No. 2010-09-743, 9-7-10)

(a)

Subject to and the provisions of cluster subdivisions and architecturally integrated subdivisions, every lot developed for residential purposes shall have the number of square feet per dwelling unit indicated in the following table. In determining the number of dwelling units permissible on a tract of land, fractions shall be rounded to the nearest whole number.

(b)

Two-family conversions and primary residences with an accessory apartment shall be allowed only on lots having at least one hundred fifty (150) percent of the minimum square footage required for one (1) dwelling unit on a lot in such district. With respect to multifamily conversions into three (3) or four (4) dwelling units, the minimum lot size shall be two hundred (200) percent and two hundred fifty (250) percent respectively of the minimum required for one (1) dwelling unit.

(Ord. No. 2010-09-743, 9-7-10; Ord. No. 2013-08-785, § 1, 8-6-13)

(a)

No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that:

(1)

Could be used for purposes that are permissible in that zoning district; and

(2)

Could satisfy any applicable setback requirements for that district.

(b)

Without limiting the generality of the foregoing standard, the following table indicates minimum lot widths that are recommended and are deemed to satisfy the standard set forth herein. The lot width shall be measured along a straight line connecting the points at which a line that demarcates the required setback from the street intersects with lot boundary lines at opposite sides of the lot.

(Ord. No. 2010-09-743, 9-7-10; Ord. No. 2011-03-756, 3-15-11)

(a)

Subject to provision of this article and the other provisions of this section, no portion of any building or any freestanding sign may be located on any lot closer to any lot line or to the street right-of-way line or centerline than is authorized in the table set forth in this section.

(b)

If the street right-of-way line is readily determinable (by reference to a recorded map, set irons, or other means), the setback shall be measured from such right-of-way line. If the right-of-way line is not so determinable, the setback shall be measured from the street centerline.

(c)

As used in this section, the term "lot boundary line" refers to lot boundaries other than those that abut streets.

(d)

As used in this section, the term "building" includes any substantial structure which by nature of its size, scale, dimensions, bulk, or use tends to constitute a visual obstruction or generate activity similar to that usually associated with a building. Without limiting the generality of the foregoing, the following structures shall be deemed to fall within this description:

(1)

Gas pumps and overhead canopies or roofs;

(2)

Fences running along lot boundaries adjacent to public street rights-of-way if such fences exceed six (6) feet in height and are substantially opaque.

(3)

Solar energy systems

(e)

Notwithstanding any other provision of this chapter, a sign may be erected on or affixed to a structure that: (i) has a principal function that is something other than the support of the sign (e.g., a fence); but (ii) does not constitute a building as defined in this chapter, only if such sign located so as to comply with the setback requirement applicable to freestanding signs in the district where such sign is located.

(f)

Whenever a lot in a nonresidential district has a common boundary line with a lot in a residential district, and the property line setback requirement applicable to the residential lot is greater than that applicable to the nonresidential lot, then the lot in the nonresidential district shall be required to observe the property line setback requirement applicable to the adjoining residential lot.

(g)

Bypass corridor setback. To achieve the goals of Batesville 2030, the Batesville Highway 6 ByPass shall, within the limits of the authority of the City of Batesville, along its right-of-way, be maintained as green space. The bypass green space shall be achieved by the application of a minimum setback from said right-of-way for a minimum distance of three hundred (300) feet in which no building, including signage, shall be established. The bypass corridor setback shall supersede any other setback established by this ordinance.

(h)

Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.).

(i)

Whenever a private road that serves more than three (3) lots or more than three (3) dwelling units or that serves any nonresidential use tending to generate traffic equivalent to more than three (3) dwelling units is located along a lot boundary, then:

(1)

If the lot is not also bordered by a public street, buildings and freestanding signs shall be set back from the centerline of the private road just as if such road were a public street.

(2)

If the lot is also bordered by a public street, then the setback distance on lots used for residential purposes (as set forth above in the column labeled "Minimum Distance from Lot Boundary Line") shall be measured from the inside boundary of the traveled portion of the private road.

(Ord. No. 2010-09-743, 9-7-10; Ord. No. 2022-11-905 , 11-15-22)

(a)

An accessory building must be located on the same lot as the principal building.

(b)

The maximum combined square footage of the principal building and the accessory buildings shall not exceed forty (40) percent of the square footage of the lot on which they are located.

(c)

An accessory building shall not exceed:

Twenty-five (25) percent of the square footage of the principal structure on lots up to one and one-half (1.5) acres;

Fifty (50) percent of the square footage of the principal structure on lots of one and one-half (1.5) acres to three and one-half (3.5) acres;

Seventy-five (75) percent of the square footage of the principal structure on lots of three and one-half (3.5) acres to four and one-half (4.5); acres;

One hundred (100) percent of the square footage of the principal structure on lots larger than four and one-half (4.5) acres.

(d)

Accessory buildings visible from the street must be constructed of materials comparable to the finishes of the principal building.

(e)

Accessory buildings in residential areas shall not be used for storage of items in conjunction with the operation of a commercial business.

(f)

Accessory buildings in residential districts must comply with the street right-of-way and side lot boundary setbacks set forth in this article, but shall be required to observe only a four (4) foot setback from the rear lot boundary lines except when the high point of the roof or any appurtenance of an accessory building exceeds twelve (12) feet in height, the accessory building shall then be set back from the rear lot boundary lines an additional two (2) feet for every foot of height exceeding twelve (12) feet.

(Ord. No. 2010-09-743, 9-7-10; Ord. No. 2016-03-827, § I, 3-1-16)

Editor's note— Ord. No. 2016-03-827, § I, adopted March 1, 2016, amended § 605, and in so doing changed the title of said section from "Accessory building setback requirements" to "Accessory building regulation and setback requirements," as set out herein.

(a)

For purposes of this section:

(1)

The height of a building shall be the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building.

(2)

A point of access to a roof shall be the top of any parapet wall or the lowest point of a roofs surface, whichever is greater. Roofs with slopes greater than seventy-five (75) percent are regarded as walls.

(b)

Subject to the remaining provisions of this section, building height limitations in the various zoning districts shall be as follows:

(c)

The following features are exempt from the district height limitations set forth in subsection (b):

(1)

Chimneys, church spires, elevator shafts, and similar structural appendages not intended as places of occupancy or storage;

(2)

Flagpoles and similar devices;

(3)

Heating and air conditioning equipment, solar collectors, and similar equipment, fixtures and devices.

(d)

The features listed in subsection (c) are exempt from the height limitations set forth in subsection (b) if they conform to the following requirements:

(1)

Not more than one-third of the total roof area may be consumed by such features;

(2)

The features described in subdivision (c)(3) above must be set back from the edge of the roof a minimum distance of one (1) foot for every foot by which such features extend above the roof surface of the principal building to which they are attached;

(3)

The permit-issuing authority may authorize or require that parapet walls be constructed (up to a height not exceeding that of the features screened) to shield the features listed in subsections (c)(1) and (3) from view.

(e)

Notwithstanding subsection (b), in any zoning district the vertical distance from the ground to a point of access to a roof surface of any nonresidential building or any multifamily residential building containing four (4) or more dwelling units may not exceed thirty-five (35) feet unless the fire chief certifies to the permit issuing authority that such building is designed to provide adequate access for firefighting personnel or the building inspector certifies that the building is otherwise designed or equipped to provide adequate protection against the dangers of fire. Towers and antennas are allowed in all zoning districts to the extent authorized in the Table of Permissible Uses, use classification 18.000.

(Ord. No. 2010-09-743, 9-7-10)

(a)

In any single-family residential subdivision in the zones indicated below, a developer may create lots that are smaller than those required in this ordinance if such developer complies with the provisions of this section and if the lots so created are not smaller than the minimum set forth in the following table:

(b)

The intent of this section is to authorize the developer to decrease lot sizes and leave the land "saved", by so doing, as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible if the land were divided into the size of lots required.

(c)

The amount of usable open space that must be set aside shall be determined by:

(1)

Subtracting from the standard square footage requirement set forth, the amount of square footage of each lot that is smaller than that standard;

(2)

Adding together the results obtained in subsection (1) above, for each foot.

(d)

The provisions of this section may only be used if the usable open space set aside in a subdivision comprises at least ten thousand (10,000) square feet of space that satisfies the definition of usable open space set forth if such usable open space is otherwise in compliance with the provisions included in subdivision regulations for the city.

(e)

The setback requirements of sections 604 and 605 shall apply in cluster subdivisions.

(Ord. No. 2010-09-743, 9-7-10)

(a)

In any architecturally integrated subdivision, the developer may create lots and construct buildings without regard any minimum lot size, lot width, or setback restrictions except that:

(1)

Lot boundary setback requirements shall apply where and to the extent that the subdivided tract abuts land that is not part of the subdivision; and

(2)

Each lot must be of sufficient size and dimensions that it can support the structure proposed to be located on it, consistent with all other applicable requirements of this appendix.

(b)

The number of dwelling units in an architecturally integrated subdivision may not exceed the maximum density authorized.

(c)

To the extent reasonably practicable, in residential subdivisions the amount of land "saved" by creating lots that are smaller than the standards set forth shall be set aside as usable open space.

(d)

The purpose of this section is to provide flexibility, consistent with the public health and safety and without increasing overall density, to the developer who subdivides property and constructs buildings on the lots created in accordance with a unified and coherent plan of development.

(Ord. No. 2010-09-743, 9-7-10)

(a)

Subject to the other provisions of this section, if: (1) any portion of a tract lies within an area designated on any officially adopted city plan as part of a proposed public park, greenway, or bikeway; and (2) before the tract is developed, the owner of the tract, with the concurrence of the city, dedicates to the city that portion of the tract so designated; then, when the remainder of the tract is developed for residential purposes, the permissible density at which the remainder may be developed shall be calculated in accordance with the provisions of this section.

(b)

If the proposed use of the remainder is a single-family detached residential subdivision, then the lots in such subdivision may be reduced in accordance with the provisions setforth; except that the developer need not set aside usable open space to the extent that an equivalent amount of land has previously been dedicated to the city in accordance with subsection (a) of this section.

(c)

If the proposed use of the remainder is a two-family or multifamily project, then the permissible density at which the remainder may be developed shall be calculated by regarding the dedicated portion of the original lot as if it were still part of the lot proposed for development.

(d)

If the portion of the tract that remains after dedication divided in such way that the resultant parcels are intended for future subdivision or development, then each of the resultant parcels shall be entitled to its pro rata share of the "density bonus".

(Ord. No. 2010-09-743, 9-7-10)

(a)

Any development designed in accordance with the provisions of this section may upon request, receive a lot density bonus of ten (10) percent calculated on the total number of lots permitted in the subdivision and to be added to the number of permitted lots for the subdivision.

(b)

Any fractional part of a calculated density bonus shall be rounded up to the nearest whole number. (Example: Seventeen (17) lots are permitted in a given subdivision designed under this section. Multiplied by ten (10) percent, the seventeen-lot subdivision is eligible for a density bonus of 1.7 lots or two (2) bonus lots after rounding. Total permitted lots would equal nineteen (19).)

(Ord. No. 2010-09-743, 9-7-10)