(a)

Except as provided article, the yard and setback regulations of this article shall be considered the minimum regulations for each and every building established after the effective date of the ordinance from which this article is derived. All yards and other required open space allocated to a building by the standards set up in section 119-181 shall be located on the same lot as such buildings. The maintenance of yards, new lot area, and other open spaces legally required for a building shall be a continuing obligation of the owner of the building or users as long as the structure or use is in evidence. In this respect, no legally required yard, other open space, or minimum lot area allocated to any building shall, by virtue of change of ownership or other reason, be used to satisfy yard, other open spaces, or minimum lot area requirements for any other building.

(b)

No improved lot shall hereafter be divided into two or more lots, and no portion of any improved lot shall be sold, unless all improved lots resulting from each transfer, division, or sale shall conform with all the applicable development regulations of the zone in which the property is located.

(c)

A corner lot shall be considered to have two front yards for the purpose of establishing building setback line, or minimum front yard line, or for parking and fencing purposes.

(Code 2007, § 150.070; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980; Ord. No. 91-92-14)

The following shall not be considered to be obstructions when located in the required yards specified:

(1)

Any yard.

a.

Marquees and awnings adjoining the principal building; overhanging roof eaves; chimneys; unenclosed patios; and stoops, if they do not encroach upon the required yard space by more than three feet.

b.

Ornamental light standards; domestic television and radio antennas; flag poles; arbors, trestles; and trees and shrubs. On corner lots, no obstructions higher than 30 inches above the street grade shall be located in a triangle formed by the connection of points 30 feet from the intersection of the street pavement.

(2)

Side yards. Open accessory off-street parking spaces, except in a side yard abutting a street.

(3)

Rear yards. Enclosed, attached, or detached off-street parking spaces; open off-street parking spaces; accessory sheds, tool rooms, and any farm accessory building, or any similar accessory structures; and balconies, breezeways, and open (not permanently glassed-in porches).

(4)

Commercial zones.

a.

Filling station pumps and islands and light fixtures located on a lot used as a filling station may be located within a required yard, provided they are not less than 15 feet from any street line. No merchandise offered for sale or rent, banners, or advertisement devices other than authorized signs shall be placed in the front yard setback.

b.

Non-advertising light standards may be located within the required front yard provided such standards are located not less than five feet from the property or right-of-way line, and provided the lights are shielded so illumination does not reflect onto residential property.

c.

Commercial and industrial off-street parking spaces open to the sky may be located within the required front yard of commercial and industrial zones, provided that at least a five-foot setback is maintained behind the property line or 20 feet behind curbline or inside ditch line whichever is the greater, and the parking area is paved in accordance with section 103-08.

(Code 2007, § 150.071; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980; Ord. No. 1286-87-18, 11-17-1986; Ord. No. 91-92-14)

Additional street setbacks or yard may be required in the following instances:

(1)

The board may, upon recommendation of the commission, establish special setbacks in excess of those setbacks required by the zone district. Setbacks shall be established when it is deemed necessary to protect any existing or proposed street, traffic way, freeway, highway, drives, or parkways, or storm and flood runoff channels. The setbacks shall only be valid, however, after giving legal notice and holding a public hearing as required by this chapter. Further, all setbacks shall be uniformly applied to at least one block face, and shall, after being adopted, be clearly shown on the setback map in the village hall.

(2)

The minimum setback on all major streets shall be 50 feet, and on collector streets, 35 feet. Those regulations shall supersede the individual zone requirements. The village shall maintain street classification maps in the village hall.

(3)

Relief may be granted in the form of a variance, but only as provided for under the conditions as set forth in article II, division 3 of this chapter.

(4)

Modification may be permitted in yard and setback requirements in a planned unit development, as provided in article IX of this chapter.

(5)

Legally nonconforming uses in accordance with the regulations contained in article II, division 4 of this chapter.

(Code 2007, § 150.072; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)