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Dieterich City Zoning Code

CHAPTER 9

HEIGHT AND SETBACK/AREA REQUIREMENTS

10-9-1: TABLE OF HEIGHT AND SETBACK/AREA REQUIREMENTS:

The required height and setback/area regulations of the Village zoning districts are established and shown on the following table:
TABLE OF HEIGHT AND SETBACK/AREA REQUIREMENTS
District
Maximum Height Of Buildings
Minimum Depth Of Front Yard1
Minimum Either Side Yard
Minimum Depth Of Rear Yard
Minimum Lot Area Per Family
Minimum Lot Width
District
Maximum Height Of Buildings
Minimum Depth Of Front Yard1
Minimum Either Side Yard
Minimum Depth Of Rear Yard
Minimum Lot Area Per Family
Minimum Lot Width
A1 Nonurban1
21/2 stories
35'
50'
25'
25'
2 acres
200'
R-1 Single-Family Residence
21/2 stories
35'
25'
10'
25'
9,000 sq. ft.
50'
R-2 Single-Family Residence
21/2 stories
35'
25'
6'
25'
5,000 sq. ft.
50'
R-3 Multiple Dwelling
3 stories
45'
25'
10'
25'
5,000 sq. ft.2
50'
R-4 Multiple Dwelling, Attached Single-Family Dwelling and Mobile Home3
3 stories
45'
20'
10'
20'
5,000 sq. ft.2
50'
B-1 General Commercial
3 stories
45'
20'
5' 4
5' 4
n/a - residence not permitted
n/a
M-1 Light Industrial
6 stories
75' 5
25'
5' 4
5' 4
n/a - residence not permitted
n/a
 
Notes:
   1.    Unless greater distance required by County setback law.
   2.    In no event less than 1,000 square feet per family.
   3.    Mobile homes in the R-4 District shall comply with the requirements of title 9, chapter 3 of this Code.
   4.    No building shall be closer than 50 feet to any side lot line, 25 feet to any front or rear lot line of a lot in an R district.
   5.    Whenever a building in an M-1 District adjoins or abuts an R district within 100 feet therefrom, such building shall not exceed 3 stories or 45 feet in height unless it is set back 1 foot from the required side and rear yard lines for each foot of additional height above 45 feet.
(Ord. 684-12, 1-3-2012; amd. Ord. 730-13, 5-6-2013; 2017 Code)

10-9-2-1: BUILDING HEIGHT:

A.   The height regulations prescribed herein shall not apply to television and radio towers, wireless communications facilities, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flagpoles. (Ord. 705-12, 6-4-2012)
B.   Public, semipublic or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty feet (60'), and churches and temples may be erected to a height not exceeding seventy five feet (75') when the required front, side and rear yards are each increased by one foot (1') for each foot of additional building height above the height regulations for the district in which the building is located.
C.   The limitation on number of stories shall not apply to buildings used exclusively for storage purposes, provided such buildings do not exceed the height in feet permitted in the district in which they are located. (Ord. 487, 1-7-2002, eff. 2-6-2002)

10-9-2-2: YARDS:

A.   Front Yards:
   1.   When fifty percent (50%) or more of the frontage on one (1) side of the street between two (2) intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established; provided, however, that a front yard depth shall not be required to exceed fifty percent (50%) in excess of the front yard otherwise required in the district in which the lot is located.
   2.   On lots having double frontage, the required front yard shall be provided on both streets.
   3.   No fence, sign, structure, or planting higher than thirty inches (30") above the established street grades shall be maintained within twenty feet (20') of any street intersection right-of-way.
   4.   An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than ten feet (10'), but this shall not be interpreted to include fixed canopies.
   5.   Filling station pumps and pump islands and signs may be located within a required yard, provided they are not less than fifteen feet (15') from any street line and not less than fifty feet (50') from the boundary of any residential district.
B.   Side Yards:
   1.   On a corner lot, the width of the yard along the side street shall not be less than any required front yard on such street; provided, however, that the buildable width of a lot of record shall not be reduced to less than thirty five feet (35').
   2.   No accessory building shall project beyond the required yard line along any street.
   3.   Where dwelling units are erected above a commercial establishment, no side yard is required except when required for the commercial building on the side of a lot adjoining a residence district.
   4.   Where a lot of record on July 1, 2002, is less than fifty one feet (51') in width, each of the required side yards may be reduced by an amount equal to ten percent (10%) of the difference between such width and fifty one feet (51'); provided, however, that no side yard shall be less than three feet (3').
C.   Rear Yards:
   1.   Where a lot abuts upon an alley, one-half (1/2) the alley width may be considered as part of the required rear yard.
   2.   No accessory buildings shall be closer than ten feet (10') to the main building unless it is attached to or forms a part of such main structure, nor closer than six feet (6') to a rear lot line or three feet (3') to any side lot line.
   3.   The ordinary projections of sills, belt courses, cornices and ornamental features may extend to a distance not to exceed eighteen inches (18") into a required yard. Roofs and eaves may extend not more than thirty inches (30") into a required yard.
   4.   Open or lattice enclosed fire escapes and the ordinary projections of chimneys and flues into a rear yard may be permitted by the Village Board for a distance not to exceed five feet (5') when these are so placed as not to obstruct light and ventilation. (Ord. 487, 1-7-2002, eff. 2-6-2002)

10-9-2-3: LOT AREA PER FAMILY:

Where a lot of record on July 1, 2002, has less area or width than herein required in the district in which it is located and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may nonetheless be used for a one-family dwelling or for any nondwelling use permitted in the district in which it is located. (Ord. 487, 1-7-2002, eff. 2-6-2002)

10-9-2-4: LOT OF RECORD IN COMMERCIAL AND INDUSTRIAL DISTRICTS:

Where a lot of record exists on July 1, 2002, in a commercial or industrial district prohibiting residences, such lot of record may be used for construction of a single-family dwelling and must meet the yard requirements in the applicable R District. (Ord. 487, 1-7-2002, eff. 2-6-2002)

10-9-2-5: NUMBER OF BUILDINGS PER LOT:

There may be two (2) or more related multi-family, commercial, industrial or institutional buildings on a lot; provided, that the required yards are maintained around the group of buildings. (Ord. 487, 1-7-2002, eff. 2-6-2002)

10-9-3: ACCESS REQUIREMENTS:

A.   Access to a use located on a collector or major thoroughfare as designated in the Comprehensive Plan shall not have more than one (1) 24-foot wide entrance to said thoroughfare for the parcel on which said use is located; except, that a parcel having more than two hundred feet (200') of frontage on said thoroughfare may have an additional twenty four foot (24') wide entrance.
B.   Any new entrance to a public street shall require an access permit in accordance with Village standards.
C.   For all uses in the B-1 and M-1 Districts, there shall be provided a clearly marked fire/emergency lane, not less than twelve feet (12') in width, adjacent to all pedestrian doors and parking areas, plainly marked so as to prohibit parking thereon or obstruction thereof in any way. (Ord. 487, 1-7-2002, eff. 2-6-2002)