The basic site and principal building requirements for agricultural, residential, professional office, commercial and industrial zoning districts are established as set forth below. The basic site and building requirements for accessory structures and accessory dwelling units are set forth in Section 38-1426.

A. Setbacks shall be measured from the normal high-water elevation contour on any adjacent natural surface water body and any natural or artificial extension of such water body, for any building or other principal structure. Subject to Chapter 15, Article VII, Lakeshore Protection, and Chapter 15, Article X, Wetland Protection, the minimum setbacks from the normal high-water elevation contour on any adjacent natural surface water body, and any natural or artificial extension of such water body, for an accessory building, a swimming pool, swimming pool deck, a wood deck attached to the principal structure or accessory structure, a parking lot, or any other accessory use, shall be the same distance as the setbacks which are used per the respective zoning district requirements as measured from the normal high-water elevation contour.

  A lot which is part of a subdivision, the plat of which has been lawfully recorded, or a parcel of land, the deed of which was lawfully recorded on or before August 31, 1982, either of which has a depth of less than one hundred fifty (150) feet above the normal high water elevation contour, shall be exempt from the fifty-foot setback requirement set forth in Section 38-1501. Instead, the setbacks under the respective zoning district requirements shall apply as measured from the normal high water elevation contour.

B. Side setback is thirty (30) feet where adjacent to single-family district.

C. For lots platted between 4/27/93 and 3/3/97 that are less than forty-five (45) feet wide or contain less than four thousand five hundred (4,500) square feet of lot area, or contain less than one thousand (1,000) square feet of living area shall be vested pursuant to Article III of this chapter and shall be considered to be conforming lots for width and/or size and/or living area.

D. For attached units (common fire wall and zero (0) separation between units) the minimum duplex lot width is eighty (80) feet, the minimum duplex lot size is eight thousand (8,000) square feet, and the minimum living area is five hundred (500) square feet. For detached units, the minimum duplex lot width is ninety (90) feet, the minimum duplex lot size is nine thousand (9,000) square feet, and minimum living area is one thousand (1,000) square feet, with a minimum separation between units of ten (10) feet. Fee simple interest in each half of a duplex lot may be sold, devised or transferred independently from the other half. Existing developed duplex lots that are either platted or lots of record existing prior to 3/3/97, and are at least seventy-five (75) feet in width and have a lot size of seven thousand five hundred (7,500) square feet or greater, shall be deemed to be vested and shall be considered as conforming lots for width and/or size.

E. Multifamily residential buildings in excess of one (1) story in height within one hundred (100) feet of the property line of any single family dwelling district and use (exclusive of two-story single family and two-story two-family dwellings), requires a special exception.

F. Reserved.

G. Reserved.

H. For lots platted on or after 3/3/97, or unplatted parcels. For lots platted prior to 3/3/97, the following setbacks shall apply: R-1AA, thirty (30) feet front, thirty-five (35) feet rear; R-1A, twenty-five (25) feet front, thirty (30) feet rear; R-1, twenty-five (25) feet front, twenty-five (25) feet rear, six (6) feet side; R-2, twenty-five (25) feet front, twenty-five (25) feet rear, six (6) feet side for one (1) and two (2) dwelling units; R-3, twenty-five (25) feet front, twenty-five (25) feet rear, six (6) feet side for two (2) dwelling units. Setbacks not listed in this footnote shall apply as listed in the main text of this section.

J. Attached units only. If units are detached, each unit shall be placed on the equivalent of a lot forty-five (45) feet in width and each unit must contain at least one thousand (1,000) square feet of living area. Each detached unit must have a separation from any other unit on site of at least ten (10) feet.

K. Maximum impervious surface ratio shall be seventy (70) percent, except for townhouses, nonresidential, and mixed use development, which shall have a maximum impervious surface ratio of eighty (80) percent.

L. Subject to the Future Land Use designation.

M. Developable land area.

N. Rear yards and side yards may be reduced to zero (0) when the rear or side property lines abut the boundary of a railroad right-of-way, but only in those cases where an adjacent wall or walls of a building or structure are provided with railroad loading and unloading capabilities.

O. One (1) of the side yards may be reduced to zero (0) feet, provided the other side yard on the lot shall be increased to a minimum building setback of fifty (50) feet. This provision cannot be used if the side yard that is reduced is contiguous to a residential district.

P. Rear yards and side yards may be reduced to zero (0) when the rear or side property lines abut the boundary of a railroad right-of-way, but only in those cases where an adjacent wall or walls of a building or structure are provided with railroad loading and unloading capabilities; however, no trackage shall be located nearer than three hundred (300) feet from any residential district. The maximum height of any structure shall be two (2) stories or thirty-five (35) feet; provided, that no structure (exclusive of single-family and two-family dwellings) shall exceed one (1) story in height within one hundred (100) feet of the side or rear lot line of any existing single-family residential district.

Q. The maximum height of any structure shall be two (2) stories or thirty-five (35) feet; provided, that no structure (exclusive of single-family and two-family dwellings) shall exceed one (1) story in height within one hundred (100) feet of the side or rear lot line of any existing single-family residential district.

R. A ten-foot front setback may also be permitted for the dwelling unit when a front entry garage is set back at least twenty (20) feet from the front property line.

S. Minimum side building separation is ten (10) feet. The side setback may be any combination to achieve this separation. However, if the side setback is less than five (5) feet, the standards in Section 38-605(b) of this district shall apply.

(P & Z Res., art. XX, § 1; Ord. No. 93-11, § 11, 4-27-93; Ord. No. 95-20, § 13, 7-25-95; Ord. No. 97-03, § 15, 2-25-97; Ord. No. 98-37, § 29, 12-15-98; Ord. No. 2003-18, § 5, 12-2-03; Ord. No. 2004-01, § 17, 2-10-04; Ord. No. 2008-06, § 29, 5-13-08; Ord. No. 2016-19, § 42, 9-13-16; Ord. No. 2023-46, § 77, 12-12-23)

(a)

No dwelling shall be erected on a lot which does not abut on a street for a distance of at least fifteen (15) feet. Also, except to the extent that it may be inconsistent or conflict with a requirement of the subdivision regulations, any lot or parcel created through a division or split of land, shall have access to a roadway that is a minimum of twenty (20) feet in width of and exists in fee simple. Alternatively, assuming a lot or parcel meets all applicable code and statutory requirements for development, the county engineer may, upon good cause shown, permit access for safe and adequate ingress or egress via a recorded permanent easement of at least twenty (20) feet in width; such width may be reduced to fifteen (15) feet if such permanent easement was recorded prior to September 23, 2016.

(b)

On any corner lot abutting the side of another lot, no part of any structure, excluding fences (see subsection 38-1408(i)), shall be located within the twenty (20) foot corner visibility triangle along the common lot line; and no structure shall be nearer the side street lot line than the required front yard of such abutting lot.

(P & Z Res., art. XX, § 2; Ord. No. 93-11, § 12, 4-27-93; Ord. No. 98-37, § 30, 12-15-98; Ord. No. 2016-19, § 42, 9-13-16; Ord. No. 2021-06, § 1(c), 2-9-21; Ord. No. 2023-46, § 78, 12-12-23)

Editor's note— Ord. No. 2023-46, § 79, adopted December 12, 2023, repealed § 38-1503, which pertained to exceptions and other provisions and derived from P & Z Res., art. XX, § 3.

Editor's note— Ord. No. 2023-46, § 80, adopted December 12, 2023, repealed § 38-1504, which pertained to exemption from fifty-foot setback requirement. and derived from P & Z Res., art. XX, § 4.

Editor's note— Ord. No. 95-16, § 31A, adopted June 27, 1995, repealed § 38-1505, which pertained to zero side yard development, and derived from Ord. No. 93-11, § 13, adopted June 27, 1993.

The zoning manager may grant height extensions not to exceed ten (10) feet above the maximum height limits established under Section 38-1501, site and building requirements, and planned developments, for appurtenances and architectural features only. Examples of such features include, but are not limited to, chimneys, cupolas, church spires, water and fire towers, domes, cooling towers, elevator bulkheads, stair towers, smokestacks, air conditioning equipment and required screening. Portions of the roof are not considered an appurtenance. The top of all rooflines shall comply with the maximum height limit of the underlying zoning district.

(Ord. No. 98-37, § 31, 12-15-98; Ord. No. 2016-19, § 42, 9-13-16; Ord. No. 2023-46, § 81, 12-12-23)

The planning and zoning commission or board of zoning adjustments may recommend, and the board of county commissioners may impose, additional restrictions on any zoning category in order to address compatibility concerns regarding existing development in the area.

(Ord. No. 98-37, § 32, 12-15-98)

(a)

Except as provided in subsection (b), the zoning manager shall have the authority to grant administrative waivers from the minimum yard requirements, provided that no such administrative waiver shall exceed six (6) percent of the applicable requirement for the yard.

(b)

The zoning manager shall not have the authority to grant administrative waivers from lake setbacks or for vacant land.

(Ord. No. 2004-01, § 17, 2-10-04; Ord. No. 2008-06, § 30, 5-13-08; Ord. No. 2023-46, § 82, 12-12-23)