No building or structure shall be erected to a height in excess of two and one-half stories or in excess of thirty-five feet, except that in the case of a church, school or library building, it shall not be erected to a height in excess of four stories or in excess of fifty feet. No accessory building or structure in a Class U-l or U-2 District shall exceed fifteen feet in height.

(Ord. 94-20. Approved by electors 11-8-94.)

   (a)    The provisions of Section 1181.01 shall not apply to restrict the height of a church spire, belfry, clock tower, chimney flue, elevator bulkhead, air conditioning unit or other necessary accessory building equipment normally maintained above the roof line, but such provisions shall apply to all other structures, including towers and water tanks. Elevator bulkheads, air conditioner units or other necessary building equipment extending above the roof line of a building shall be enclosed with a solid cover designed to conform to the architectural style of the building so as to provide an adequate and aesthetic screen.

   (b)    Nothing in this Zoning Code shall prevent the erection above the height limit of a parapet wall or cornice, solely for ornament and without windows extending above such height limit, of not more than three feet.

(Ord. 89-24. Approved by voters 11-7-89.)

   (a)    In a Class A-1 District, no dwelling shall be erected or altered to accommodate or make provision for more than one family for each 20,000 square feet of the area of the lot, and no such lot shall have a frontage of less than 125 feet. Provided that a single-family dwelling house may be erected on any numbered lot in a recorded subdivision that was on record in the office of the County Recorder at the time of the passage of this section.

(Ord. 93-32. Approved by voters l 1-2-93.)

   (b)    In a Class A-2 District, no dwelling shall be erected or altered to make provision for more than one family for each 15,000 square feet of the area of the lot.

(Ord. 88-31. Approved by voters 5-2 -89.)

   (c)    In a Class A-3 District, no dwelling shall be erected or altered to accommodate or make provisions for more than one single-family dwelling for each 20,000 square feet of the area of the lot or for more than a two-family dwelling for each 20,000 square feet of the area of the lot, and no apartment house shall be erected or altered to accommodate or make provisions for more than one apartment suite for each 2,500 square feet of the area of the lot.

   (d)    For the purposes of this section, in computing the area of the lot, any part of the area of any corner lot in excess of 20,000 square feet shall be considered an interior lot.

   (e)    For the purpose of determining the number of families that may be housed on a given lot area where a portion of a building in a Class A-1, A-2 or A-3 District is arranged, intended or designed for a business or industrial use, the number of families that may be housed on such lot shall be reduced one for each 1,250 square feet or fraction thereof of lot area actually covered by such portion of the building as is arranged, intended or designed for such business or industrial use.

   (f)    The provisions of subsection (c) hereof applicable to single-family dwellings, two-family dwellings and apartment houses in Class A-3 Districts shall also apply to such structures in Class A-4 Districts.

(Ord. 780. Passed 11-19-62.)

   Every apartment suite shall be comprised of at least four rooms, one of which shall be a bedroom and one a bathroom. The minimum net floor area of a one-bedroom suite shall be not less than 675 square feet. The minimum net floor area of a two-bedroom suite shall be not less than 800 square feet. For suites having more than two bedrooms, there shall be a net minimum area of not less than 125 square feet for each additional bedroom. In every apartment project, at least fifty percent of the suites shall contain more than one bedroom.

(Ord. 780. Passed 11-19-62.)

   In a Class U-1 or U-2 District, every dwelling house erected shall have access to a public street, and if located in the rear of other buildings with no immediate street frontage, an easement for access shall be provided over an unoccupied strip of land at least twenty-four feet in width and such reserve strip may not form a part of any yard or lot areas required by this Zoning Code.

   In any district where an apartment house is developed as a part of a group of buildings, or coordinated with a group of existing apartment houses, access may be provided to buildings not fronting on an existing public street by public roads or by a proposed public street if approved under the provisions of a development plan as set forth in Section 1181.07(b).

(Ord. 780. Passed 11-19-62.)

   In any district where permitted, no single-family dwelling or no two-family dwelling shall be erected on a lot having an average width of less than 125 feet, unless such lot was separately owned at the time of the passage of this section, or unless such lot is a numbered lot in a subdivision that was on record in the office of the County Recorder at the time of the passage of this section, and no apartment house development, hotel or motel shall be erected in any district where permitted on a lot or lots under a single ownership, having an average width of less than 300 feet or less than five acres in area, none of which shall be devoted to nonresidential use.

(Ord. 93-32. Approved by voters l 1-2-93.)

   (a)    Side Yards in Residence Districts. In a Class U-1, U-2 or U-3 District, for every building erected there shall be a side yard along each lot line other than a front line or rear line. Each single-family dwelling, each two-family dwelling and each apartment house shall be deemed a separate building and shall have side yards as above prescribed except that two single-family dwellings may be attached as a double house and be considered a single building in any area other than an area within a portion of a Class U-1 District that is within a Class A-1 District.

   In a Class U-1 District, the least dimension of the side yard shall not be less than ten feet and at least thirty-five percent of the average width of the lot at the building line occupied by the main building shall be devoted to side yards.

   For a hotel or motel in a U-3 District, the least dimension of each side yard shall be not less than twelve percent of the average width of the lot, but such least dimension need not exceed twelve feet, provided such least dimension shall in no case be less than one-sixth of the height of the building, nor less than six feet. The requirements for side yards for apartment buildings shall be as prescribed in subsection (b) hereof as follows:

(Ord. 93-32. Approved by voters 11-2-93.)

   (b)    Yards for Apartment Development. Apartment buildings shall be planned and arranged in a relationship to each other and to the surrounding lot line so as to provide privacy, light and view for each suite and so as to form a coordinated arrangement of buildings and open space. In order to review and evaluate the site plans, preliminary and final site development plans for every proposed apartment house project shall be submitted to the Planning and Zoning Commission by the developer as required in Section 1173.10.

   For all yards, the space between any two apartment buildings and the distances between any building and the side or rear lines of the lot shall vary according to the length and height of the buildings. The minimum distance between any two buildings, designated as buildings A and B. their length as L and their height as H. shall be as determined by the formula:

   The minimum distance between a side or rear lot line and any building designated as A, shall be as determined by the formula:

   The length of a building, for the purposes of these formulae shall be construed as the length of the portion of building A from which lines drawn perpendicular to the face of such wall, or walls, will intersect any wall of opposite building B or intersect the lot line in the case of a yard along side or rear lot line. In cases where lines drawn perpendicular from the face of any wall of one building will not intersect the face of any wall of another building, where diagonal but not opposite, the minimum horizontal distance between such buildings shall be not less than one-half the combined height of the two buildings. Informal and oblique arrangements of buildings, conformance to topography and coordinating the site pattern with natural features is encouraged. The application of the above formulae for spacing of buildings, especially informal and oblique arrangements, shall be determined by the Planning and Zoning Commission in the review of the preliminary site development plan.

   The minimum distances from any apartment house to parking areas, driveways, walks and recreation areas and to the lot line, as set forth herein are to be applied in the site planning.

       *Except at building entrances.

(Ord. 77-42. Approved by voters l 1-7-78.)

   (c)    Rear Yards in Residential Districts.

      (l)    In a Class U-l or U-2 District, every building erected shall have a rear yard. The least dimension of such rear yard shall be twenty percent (20%) of the depth of the lot, but such least dimension need not be more than forty feet, provided such least dimension shall in no case be less than the height of the building. On a corner lot where the rear line is identical with the side line of the interior lot, no accessory building, if detached from the main building, shall be erected within twenty-five feet of any street line or within ten feet of the rear lot line.

      (3)    No accessory building referred to in this section shall exceed fifteen feet in height.

         (Ord. 94-20. Approved by electors 11-8-94.)

   (d)    Side and Rear Yard Exceptions.

      (1)    The area required in a side or rear yard shall be open from the established grade, or from the natural grade if higher than the established grade, to the sky, unobstructed except for the ordinary projections of window sills, belt courses, cornices and other ornamental features to the extent of not more than four inches, except that within five feet of the street wall, a cornice may project not over three feet into such yard, and provided that if the building is not over two and one-half stories in height, the cornice may project not more than two and one-half feet into such yard.

      (2)    A corner of a yard may be cut off between the walls of the same building provided that the length of the wall of such cut-off does not exceed seven feet.

      (3)    A building and any accessory building erected on the same lot shall, for the purpose of side and rear requirements, be considered as a single building.

   (e)    Front Yards; Building Lines. For the purpose of regulating front yards, for the purpose of further regulating side yards or corner buildings and for the purpose of regulating the alignment of buildings near street frontages, building lines as set forth on the revised district and zone map, prepared by the F. A. Pease Engineering Co., and duly approved by the Planning and Zoning Commission and by Council and dated July 19, 1948, which is hereby declared to be a part hereof, are hereby established. The map designations and the map designation rules which accompany the map are hereby declared part thereof.

   Between a building line and the street line no building or portion of a building extending above the established grade may be erected. In a Class U-1 or U-2 District a one-story unenclosed porch may, however, be constructed between the building line and the street line. On a corner lot between the building line and the street line and within the triangular space included between the street lines for a distance of twenty-five feet from their point of intersection, no fence or other structure more than three feet in height above the plane of the established grade shall hereafter be erected, and no shrubs or foliage shall be maintained that in the judgment of the Building Commissioner will materially obstruct the view by a driver of a vehicle approaching the intersection and within seventy-five feet of the center of such intersection or approaching cross traffic within seventy-five feet of the center of such intersection. Where a building line is shown on the building map as an existing alignment line, the alignment of the building existing along such frontage shall determine the building line. On any street frontage in a Class U-1 or U-2 District, where no building line is designated on the building line map the location of the building line shall be as follows:

      (1)    On a street frontage on either side of a street between two intersecting streets, but excluding the frontage along the side line of a corner lot, the distance of the building line back from the street line shall be twenty percent of the average or normal depth of the lots having their front lines along such street frontage, but such distance back from the street line need not be more than forty feet. Where in any portion of such street frontage there are lots of markedly less depth than the normal, the Planning and Zoning Commission in defining and applying this building line regulation may, when in its opinion the general purpose and intent of this section will be better served thereby, divide such street frontage into sections for the application of the above twenty percent building line requirement. For the purpose of this paragraph the term "lot" shall include unimproved parcels in separate ownership and unimproved lots or parcels in subdivisions of land.

      (2)    In a Class U-1 District, along the side line of a corner lot, the distance of the building line back from the street line shall be twenty percent of the average width of such lot, but such distance back from the street line need not be more than twenty feet.

      (3)    The revised district and zone map approved, adopted and made a part of this Zoning Code is amended so that the building line as defined in this subsection (e) as the same appears on the revised district and zone map with respect to both sides of S. O. M. Center Road, Wilson Mills Road, Highland Road, White Road, Lander Road and Ridgebury Road shall be sixty feet back from the street line of each of the streets. As to the streets, the setback provision in this paragraph (3) shall apply, rather than the setback provisions found in paragraphs (1) and (2) hereof.

         (Ord. 77-42. Approved by voters 11-7-78.)