The following zones shall have a minimum of the amount of square footage indicated in the following table:

Notes to table:

(1)

For nonresidential buildings, the lot size shall be adequate to provide the yard requirements of this article and the off-street and loading requirements of article XI of this chapter; provided, however, that the lot size for each nonresidential building shall not be less than 30,000 square feet.

(2)

Two-family dwellings, 15,000 square feet.

(3)

Two-family dwellings, 8,000 square feet.

(4)

After the effective date of the ordinance from which this chapter is derived (November 13, 2007), no yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established herein.

(Code 1991, § 31-101)

Every lot developed for residential purposes shall have the minimum 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.

Notes to table:

(1)

For nonresidential buildings, the lot size shall be adequate to provide the yard requirements of this article and the off-street and loading requirements of article XI of this chapter; provided, however, that the lot size for each nonresidential building shall not be less than 30,000 square feet.

(2)

Two-family dwellings, 15,000 square feet.

(3)

Two-family dwellings, 8,000 square feet and for multiple-family developments, 6,000 square feet for first dwelling unit plus 2,000 square feet for each additional unit.

(Code 1991, § 31-102)

(a)

The lot width shall be measured along a straight line connecting the points at which a line that delineates the required setback from the street intersects with lot boundaries lines at opposite sides of the lot.

(b)

No lot created after the effective date of the ordinance from which this chapter is derived (November 13, 2007) shall contain less land or be smaller in width than the minimum lot area and width established by this section.

Notes to table:

(1)

Two-family dwellings require 75 feet of lot width.

(2)

Two-family dwellings and multiple-family dwellings require 70 feet of lot width.

(3)

Nonresidential lots require 100 feet of lot width.

(4)

After the effective date of the ordinance from which this chapter is derived, no yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established herein.

(Code 1991, § 31-103)

(a)

Subject to sections 44-195 and 44-196 and the other provisions of this section, no portion of any building shall be located on any lot closer to any lot line or to a street than is authorized in the table set forth below. 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; and

(2)

Fences running along lot boundaries and adjacent to public street rights-of-way if such fences exceed eight feet in height and are substantially opaque. Fences in residentially zoned areas or areas used for residential purposes shall not contain Constantine, razor, barbs or other type materials normally used for enhanced security.

(b)

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.

(c)

Setback distances shall be measured from the property line to the nearest portion of any building, excluding:

(1)

Any step, eave, gutter, canopy, or similar fixture;

(2)

A deck or patio if no portion of the same extends more than 12 inches off the ground;

(3)

Any structure that is a mere appendage to a building (e.g., a flagpole);

(4)

Any heating or air conditioning unit, so long as such unit is located as close as reasonably possible to the wall of the building it serves.

(d)

Projection into public streets and street rights-of-way. No commercial signs or other structures shall project beyond any right-of-way line of any street, with the exception of signs in the B-1 Central Business District.

(e)

Except for the following uses and projects, no more than one principal building may be located upon a lot of record:

(1)

Institutional buildings.

(2)

Industrial buildings.

(3)

Multifamily dwellings.

(4)

Commercial buildings.

(5)

Planned development projects.

(6)

Manufactured home parks in accord with section 44-106.

(7)

Manufactured homes in accord with section 44-105.

Notes to table:

(a)

When abutting a collector street, the minimum shall be 30 feet and 35 feet along major thoroughfares.

(b)

Double frontage lots or corner lots shall provide the front yard requirements on both streets.

(c)

A 15-foot side yard requirement shall provide for all lots containing nonresidential structures.

(d)

When abutting a collector or major thoroughfare a 35-foot setback shall be provided.

(e)

If adjacent to property zoned for or used for residential purposes, a 20-foot setback shall be provided.

(f)

If adjacent to property zoned for or used for residential purposes, a 25-foot setback shall be provided.

(g)

If the property owner decides on their own to provide a side yard or the property is located adjacent to a residential zoning district, then a ten-foot setback shall be provided.

(h)

No rear setback is required where a public alley abuts a rear property line. Where there is no alley, a ten-foot setback is required.

(f)

The following modifications shall apply, where applicable:

(1)

Where more than one main building or structure is to be located on a lot, the required setback shall be maintained around the group of buildings.

(2)

Where a nonresidential lot fronts on two nonintersecting streets, any corner lot shall provide front yard setbacks only along the property lines where principal access into the building is provided.

(3)

Notwithstanding the front yard setback of this section, the front building line of any proposed building may be as close to the street as the average front building line of the buildings fronting on the same block and within 400 feet of the proposed use for like zoning only. Where residential development occurs on parcels in developed neighborhoods, the front setback of a new structure cannot be located any closer to the street right-of-way than that averages of like structures within a distance of 400 feet.

(4)

Commercial condominium projects are allowed to share interior property lines; provided that 20-foot setbacks shall be required on the end units; further provided that such projects (buildings) shall not exceed 600 feet parallel to the street providing principal access.

(5)

For townhouses, there shall be no minimum between units, but a setback equal to the height of the building (minimum 25 feet) shall be required between the end unit and the external property line, and between buildings on the projects site. No more than six units may be attached.

(6)

For residential use corner lots as defined, in order to determine the rear lot line, the main entry door to principal building configuration as developed will dictate which front lot line will be used to determine the rear lot line.

(Code 1991, § 31-104)

(a)

Subject to the remaining provisions of this section, accessory buildings shall be required to comply with the setback standards set forth in section 44-194.

(b)

Accessory buildings in residential districts shall be located entirely behind the front of the principal building. If a lot has frontage on more than one street, no accessory building shall be located between a street and the wall line of the principal building that faces that street.

(c)

Accessory buildings in residential districts, which are located in both the buildable area and rear yard as defined, shall be located at a distance of no less than three feet from the rear lot line and must comply with district side setback regulations. Accessory buildings located totally within the rear yard area as defined may encroach no closer than three feet from any lot line.

(d)

Except as otherwise provided in certain zoning districts, an accessory building or structure may occupy only that portion of a lot outside any required front, rear or side yards and no closer to any adjacent street than any portion of the principal building.

(e)

Except as provided in subsection (c) of this section, an accessory building or structure located in a residentially zoned district may occupy only that portion of a lot outside any required setbacks and no closer to any adjacent street than any portion of the principal building.

(Code 1991, § 31-105)

(a)

For purposes of this section:

(1)

Subject to subsection (a)(2) of this section, the height of a building shall be the vertical distance between the average mean elevation of the finished grade at the front of the building to a point of access to a roof surface, but not including skylights, and roof structures for elevators, stairways, tanks, heating ventilation and air conditioning equipment, or similar equipment for the operation and maintenance of a building.

(2)

With respect to single-family detached residences, the height of a building shall be the vertical distance between the average mean elevation of the finished grade at the front of the building to a point of access to a roof surface, but not including skylights, and roof structures for elevators, stairways, tanks, heating ventilation and air conditioning equipment, or similar equipment for the operation and maintenance of a building.

(3)

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 75 percent are regarded as walls.

(b)

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

Notes to table:

(1)

Structures permitted above the limit.

a.

In districts where the uses are permitted, schools, churches, hospitals, other public semipublic buildings, and principal buildings in multiple-family developments and high density multiple-family developments may exceed the height limitations of the districts, if the minimum depth of rear yards and minimum width of side yards required by the district regulations are increased by one foot for each two feet by which the height of such buildings exceeds the prescribed height limit. No building within a multiple-family development or a high density multiple-family development shall exceed 60 feet.

b.

Chimneys, poles, spires, tanks, masts, and other similar structures not used for human occupancy, erected in business and industrial districts, may exceed the district height limit; however, such structures shall be separated from any adjoining lot line of a lot in a residential district by a distance equal to one foot for each two feet of structure height.

c.

Roof structures for housing elevators, stairways, ventilating fans, air conditioning or similar equipment required for operation and maintenance of buildings may be erected above the height limit in any district.

d.

Structures near airports. In all areas within 1,000 feet of an airport, a structure exceeding 35 feet in height shall be permitted only upon a finding by the board of zoning appeals, after a public hearing, that the structure is not a hazard to safety.

(2)

Merchandise displayed within the front yard setback requirement or within five feet of the side or rear property line shall not exceed five feet. However, automobiles which are over this height limitation can be located in the front yard setback requirement or within five feet of the side or rear property line.

(3)

No building or structure on a lot in this district which is adjacent to a residential district shall exceed the maximum building height permitted in the residential district, unless one additional foot of setback is provided for each two additional feet of building height.

(c)

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

(1)

Chimneys, church spires, elevator shafts, and similar structural appendages not intended as places of occupancy or storage (but parapets and similar structural appendages shall not be exempt);

(2)

Flagpoles and similar devices;

(3)

Towers and antennae (to the extent such uses are allowed in the table of permissible uses) and excluding wireless communication towers;

(4)

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

(Code 1991, § 31-106)

(a)

Impervious surfaces are those that do not absorb water. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete and asphalt are considered impervious surfaces within this definition. The impervious surface ratio is a measure of the intensity of land use. It is determined by dividing the total area of all impervious surfaces within the site by the base site area.

(b)

The purpose of impervious surface standards is to reduce the impact of stormwater runoff created by development. By requiring on-site permeable areas, lot line black topping is declared by this chapter to be an unacceptable practice.

(c)

The following uses shall be limited in the amount of on-site impervious surface areas to the prescribed ratios:

(Code 1991, § 31-107)

Every building erected or moved shall be located on a lot adjacent to and having access to a public street, highway, road or other public way. An exception to this requirement shall be given to lots created for conservation purposes. Lots created for conservation purposes shall not be required to have access to a public street, highway road or other public way nor be required to be adjacent to a public street, highway, road or other public way. Conservation purposes means the land is to be acquired by a duly recognized land trust, conservation group or other duly recognized group or individual, for the purpose of preserving land areas. A note shall be added to all plats created and approved for this type of lot which shall read as follows: "This lot is being created for conservation purposes and need not have access to a public street, highway, road or other public-way nor be adjacent to a public street, highway road or other public-way, pursuant to local regulations."

(Code 1991, § 31-108)