The following minimum yards, measured in feet, shall be provided within the districts indicated below:

 

   In the B-1 District a minimum of 75% of the front wall of a nonresidential or mixed use building shall be built to the edge of the front sidewalk or front property line.

   In the B-1 District, when there is no mid- block or rear access to a building, a separation of no less than 20 feet shall be required between buildings. In the B-2 District, the maximum front yard depth, measured in feet from the right-of-way, shall be no greater than 20 feet.

      (1)   In the front yard area zoned OTB on Chestnut Street between Satin Street and the Walnut Street set-back line, the rear and side yard requirements shall be the present dimensions of such yards.

      (2)   In the I District, the side yards shall be not less than 40 feet when the side lot line abuts upon R-1, R-2, or R-3 Districts.

      (3)   In the I District, the rear yard shall be not less than 40 feet when the rear lot line abuts upon R-1, R-2, or R-3 Districts.

      (4)   One lot that fronts along South Cucumber Street, Permanent Parcel #2602240001577 is authorized to have a front yard of 16 feet.

      (5)   Corner lots zoned as B-1 Business or Commercial, B-2 Business or Commercial, or OTB Old Town Business/Commercial shall not have a rear lot line, and therefore a rear yard, but instead two side lot lines, and therefore two side yards, provided that they do not abut a parcel zoned Residential.

   (b)   Lot Abutting Public Alley. Whenever a lot abuts upon a public alley, one-half of the alley width may be considered a portion of the required yard. For the purpose of side yard regulations, a two-family dwelling or multiple dwelling shall be considered as one building occupying one lot.

(`80 Code, § 1250.01) (Ord. 1301, passed 7-6-76; Ord. 2393, passed 1-23-02; Ord. 2615, passed 12-5-05; Ord. 2698, passed 5-7-07; Ord. 2755, passed 9-3-08; Ord. 3101, passed - -18; Ord. 3102, passed - -18)

   The following additional yard requirements must also be observed:

   (a)   On lots fronting on two nonintersecting streets, a front yard requirement must be provided on both streets.

   (b)   On corner lots there must be a front yard on both streets. On corner lots that are lots of record, the buildable width cannot be reduced to less than 28 feet.

   (c)   Where a frontage is divided among districts with different front yard requirements, the deepest front yard required shall apply to the entire frontage.

   (d)   In the R-3, B-1, OTB, LI, and I Districts, there may be more than one building on a lot, provided that the required yards are maintained around the group of buildings. There shall not be more than one principal building on a lot in a R-1 or R-2 Districts.

   (e)   There may be two or more related multifamily, hotel, motel or institutional buildings on a lot, provided that the required yards are maintained around the group of buildings, and provided that buildings that are parallel or within 45 degrees of being parallel are separated by a horizontal distance at least equal to the height of the highest building.

   (f)   Those parts of existing buildings that violate yard regulations may be repaired or remodeled, but not reconstructed so as to further infringe upon yard requirements.

   (g)   Required front yards shall be devoted entirely to landscaped areas and the necessary paving of driveways, parking spaces and sidewalks as long as total parking and driveway area does not exceed 20% of the total front yard area, except in B-1, OTB, LI, and I Districts.

   (h)   Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

   (i)   The minimum width of side yards for schools, libraries, churches, community buildings and other public and semipublic buildings in Residential Districts shall be 25 feet, except where a side yard is adjacent to a Business or Industrial District, in which case the width of the yard shall be as required in the district in which the building is located.

   (j)   Side and rear yard landscape buffer areas and barriers or fences are required when B-1, B-2, OTB, LI, or I Districts abuts a R-1, R-2, or R- 3 District. The purpose of such buffer areas, barriers or fences is to create a transition zone between the residential district and the business or industrial district. Such landscape buffer areas, barriers or fences shall be located within required side yard or rear yard of the adjoining nonresidential district. Where this is impractical, a portion of the adjoining residential district may be designated for use as a buffer area or for the location of barriers or fences, but only with the written concurrence of the owner of the residential area so designated. (Ord. 2306A, passed 4-17-00; Ord. 2393, passed 1-23-02)

   (k)   No sign, fence, wall, shrub or other obstruction to vision, occupying any space between three and ten feet in height above the established street grade, shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points thirty feet distant from the intersection of the street lines.

(Ord. 1301, passed 7-6-76)

   (l)   Parking of motor vehicles or trailers in front yards, except during special events, such as parties, graduations, civic functions, etc., or in a legally authorized parking space, is prohibited.

(`80 Code, § 1250.02) (Ord. 2096, passed 12-4-95)

   (m)   Uses in Light Industrial Districts must comply with the requirements of § 1258.06.

   (n)   Driveways and parking spaces of a single-family residence must be at least five feet back from side yard lot lines and driveways must be at least 30 feet back from the front yard lot lines of intersecting streets on corner lots.

   (o)   Driveways and parking spaces must not extend in front of the main living space of a single-family residence. They should be located in front of the garage area or side yard area, or rear yard area.

   (p)   Driveways in R-1 and R-2 Districts shall be limited to a maximum width of ten feet across the village right-of-way and a maximum width of the lesser of 20 feet or 20% of the lot road frontage on private property.

   (q)   Buildable lots of record at the time of passage of this section will be allowed a maximum of an 940 feet-wide driveway leading to two parking spaces.

(Ord. 2393, passed 1-23-02; Ord. 2568, passed 2-22-05; Ord. 2615, passed 12-5-05; Ord. 2698, passed 5-7-07; Ord. 3102, passed - -18)

   The following exceptions may be made to the yard requirements:

   (a)   Where, on the effective date of this Zoning Code (Ordinance 1301, passed July 6, 1976), 40% or more of a frontage was occupied by two or more buildings, then the front yard is established in the following manner.

      (1)   Where the building farthest from the street provides a front yard not more than ten feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then existing front yards.

      (2)   Where division (a)(1) does not apply and a lot is within 100 feet of a building on each side, then the front yard is a line drawn from the closest front corners of the two adjacent buildings.

      (3)   Where neither division (a)(1) or (a)(2) applies and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building.

   (b)   Sills, belt courses, window air conditioning units, chimneys, cornices and ornamental features may project into a required yard a distance not to exceed 24 inches.

   (c)   Filling station pumps and pump islands may occupy required yards, provided they are not less than 15 feet from all lot lines.

   (d)   Signs shall be in accordance with § 1246.08.

   (e)   Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard for a distance of not more than three and one-half feet when so placed as to not obstruct light and ventilation, may be permitted by the Zoning Inspector.

   (f)   Open, unenclosed porches (not glassed in) may extend ten feet into a front yard.

   (g)   Terraces which do not extend above the level of the ground (first) floor may project into a required yard, provided these projections are at least two feet from the adjacent side lot line.

   (h)   No side yards are required where dwellings are erected above commercial structures, except such side yard as may be required for a commercial building on the side of a lot adjoining a Residential District.

   (i)   Accessory buildings may be located in a rear yard but may not occupy more than 30% of the yard area.

   (j)   Any accessory building closer than ten feet to a main building shall be considered part of the main building and shall be provided with the side and rear yards required for the main building.

   (k)   An accessory building more than ten feet from a main building may be erected within two feet of a side or rear lot line, provided it is located at least 60 feet from the front street line.

   (l)   Where a garage is entered from an alley, the garage must be kept ten feet from the alley line.

(`80 Code, § 1250.03) (Ord. 1301, passed 7-6-76; Ord. 1425, passed 4-2-79)