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Perry City Zoning Code

ARTICLE 5

- MEASUREMENTS AND DIMENSIONAL STANDARDS2


Footnotes:
--- (2) ---

Editor's note— Ord. No. 2022-32, § 5, adopted Sept. 20, 2022, repealed the former Art. 5, §§ 5-1—5-6, and enacted a new Art. 5 as set out herein. The former Art. 5 pertained to similar subject matter, and derived from Ord. No. 2017-25, § 2, adopted Dec. 19, 2017; Ord. No. 2019-03, § 2, adopted Feb. 5, 2019; Ord. No. 2021-08, §§ 1—3, adopted Apr. 20, 2021; and Ord. No. 2022-20, §§ 5—8, adopted June 21, 2022.


Sec. 5-1. - Minimum lot area and lot width, minimum house size, maximum density, and maximum lot coverage.

5-1.1 Residential districts. The minimum lot areas, minimum lot widths, minimum house size and maximum lot coverage in Table 5-1-1 shall apply.

Table 5-1-1: Minimum Lot Area, Lot Width, and Maximum Lot Coverage for Residential Development
See Appendix A for requirements in form based code districts

Zoning District Minimum Lot Area
(Square Feet)
Minimum Lot
Width
(Measured at
Front Setback
Line)
Minimum House
Size (Heated
Square Feet) 4
Maximum Lot
Coverage of
Buildings
(Percent)
R-Ag Residential-Agricultural 5 acres 300 1,500 25
R-1 Single-Family Residential 15,000 1, 2 90' 1,500 25
R-2 Single-Family Residential 12,000 1, 2 80' 1,500 25
R-3 Single-Family Residential (and single-family residential in nonresidential districts) 9,000 1, 2 70' 1,500 35
R-TH Residential Town House Development (see subsection 4-3.1(A) for individual lot standards) 6 units per acre 110' 1,200 40
RM-1 Multi-Family Residential
  Detached Single-family 9,000 1, 2 75' n/a 35
  Two-Family Dwelling (Duplex) 10,000 1, 2 75' n/a 35
Multi-Family Dwellings (3—6 units per parcel) 10 units per acre 75' n/a 40
RM-2 Multi-Family Residential 20 units per acre 100* n/a 40
R-MH Residential Manufactured Home
  Single-family detached 9,000 2 70' n/a 35
  Manufactured home subdivision 1 9,000 2 70' n/a 35
  Manufactured home park 3 See subsection 4-3.1(B)
Multi-Family Residential in Nonresidential Districts See Table 5-1-2 for allowable densities
 1 New lots abutting platted residential lots must meet the requirements of subsection 5-1(A)(1) below.
 2 Lots served by private septic tank and/or a private well shall be the minimum size required by the county health department.
 3 The minimum area for a manufactured home subdivision or park is five (5) acres.
 4 House size less than the minimum may be allowed by special exception.
 5 The R-2A zoning district is a residual zoning district that shall only apply to properties that are zoned R-2A as of July 1, 2022. No parcels may be rezoned to the R-2A zoning classification after July 1, 2022. The regulations for development in the R-2A zoning district shall be those regulations set forth in this ordinance for the R-2 zoning district.

 

(A)

Minimum lot size adjustment. To provide a transition from existing subdivided lots to lots in proposed single-family and two-family subdivisions, the lots abutting platted residentially zoned (R-1, R-2, and R-3) lots shall be adjusted using the following requirements in addition to the requirements in Table 5-1-1. However, the minimum lot size shall not be more than two (2) times the minimum size required in Table 5-1-1. These regulations shall not apply to existing or proposed multi-family dwellings or to existing or proposed developments in the R-MH or R-Ag districts.

(1)

The required minimum size of the proposed lots shall be established by determining the average size of the smallest two-thirds (⅔) of the existing lots abutting the new subdivision. The proposed lots abutting the existing lots shall be eighty-five (85) percent of the average size, but not more than two (2) times the minimum lot size required in Table 5-1-1 for the zoning classification in which the development is located.

(B)

If the adjusted minimum lot size is within ten (10) percent of the minimum lot size requirements in Table 5-1-1, these regulations shall not apply.

5-1.2 Multi-family in nonresidential districts. Multi-family and townhouse residential developments shall meet the requirements in Table 5-1-2.

Table 5-1-2: Multi-Family Residential Maximum Density, Lot Width, and Maximum Lot Coverage
(All multi-family residential developments exceeding six units per lot requires a special exception)

Zoning District Maximum Dwelling Units
per Acre*
Minimum Lot Width
(measured at building
line)
Maximum Lot Coverage
of Buildings (Percent)
LC 6 75 40
OI 10 100 40
RTH 6 110 40
C-1, C-2 20 100 40
C-3 No maximum 0 100
IMU, MUC, NMU, FRB See Appendix A for requirements in form based code districts.
* City council may grant a special exception to allow a higher maximum density for existing buildings adaptively reused for residential or a mix of commercial and residential uses.

 

(Ord. No. 2022-32, § 5, 9-20-22; Ord. No. 2022-39, § 8, 10-18-22)

Sec. 5-2. - Building setbacks.

5-2.1. Minimum building setbacks. Minimum building setbacks are established in Table 5-2-1.

Table 5-2-1: Minimum Building Setbacks1
See Appendix A for requirements in form based code districts

Zoning District Front Setback and
Corner Lot Side Setback
Interior Lot
Side Setback
Rear
Setback
Arterial/
Collector Street
Minor
Street
Residential DistrictsMinimum, No MaximumMinimum, No Maximum
R-Ag Residential-Agricultural 50' 50' 15' 35'
R-1 Single-Family Residential 40' 30' 10' 35'
R-2 Single-Family Residential 40' 25' 8' 35' 4
R-3 Single-Family Residential 40' 25' 8' 35' 4
R-TH Residential Town House Development (see subsection 4-3.1(A) for individual lot standards) 40' 25' 2 25' 25'
RM-1 Multi-Family Residential 40' 25' C 35'
  Nonresidential uses in RM-1 40' 25' 25' 35'
RM-2 Multi-Family Residential 40' 25' 25' 35'
R-MH Residential Manufactured Home Development (see subsection 4-3.1(B) for individual lot standards) 40' 25' 25' 25'
Commercial DistrictsMinimum/Maximum 5 Minimum/Maximum 5
OI Office Institutional District 3 20'/40' 15'/25' A A
C-1 Highway Commercial District
  Multi-Family < 7 units 20'/40' 15'/25' C 25'
  Multi-Family > 6 units 20'/40' 15'/25' 25' 25'
  Nonresidential or Mixed-Use 20'/65' 15'/25' A A
C-2 General Commercial District3
  Multi-Family < 7 units 20'/40' 15'/25' C 25'
  Multi-Family > 6 units 20'/40' 15'/25' 25' 25'
  Nonresidential or Mixed-Use 20'/65' 15'/25' A A
C-3 Central Business District (CBD)
  Multi-Family 0'/10' 0'/10' A A
  Nonresidential or Mixed-Use none none A A
LC Local Commercial District3 20'/40' 15'/25' A 25'
Industrial DistrictsMinimum, No MaximumMinimum, No Maximum
M-1 Wholesale and Light Industrial 50' 50' B B
M-2 Industrial 50' 50' B B
A. None, except twenty-five (25) feet when abutting a residential district.
B. None, except fifty (50) feet when abutting a residential district.
C. Eight (8) feet plus two (2) additional feet for each story above two (2) stories.
   1. Setbacks for accessory structures are five (5) feet from rear and interior side property lines, unless the otherwise required setback listed above is less. (Also see subsection 4-4.2(E).)
   2. The minimum front setback for townhouses abutting a pocket greenspace is ten (10) feet.
   3. Single-family dwellings in nonresidential districts shall comply with the setbacks established in the R-3 zoning district.
   4. Twenty-five (25) feet for properties created by a preliminary plat approved prior to October 18, 2022.
   5. In developments with multiple buildings, the maximum setback applies to buildings closest to streets.

 

5-2.2. Exceptions.

(A)

Windowsills, cornices, buttresses, ornamental features, chimneys, flues, and eaves may encroach up to two (2) feet into any required building setback, subject to compliance with applicable building codes.

(B)

Driveways, walkways, on-grade patios, uncovered steps, in-ground pools, retaining walls, fences and walls complying with the provisions of subsection 4-4.3(H) and as may be required by subsection 6-3.7, pergolas, arbors, and other landscape features, and mechanical equipment are allowed in any required building setback. Gazebos and other structures with a solid roof are considered accessory structures, subject to the provisions of section 4-4.

(Ord. No. 2022-32, § 5, 9-20-22; Ord. No. 2022-39, § 9, 10-18-22; Ord. No. 2023-05, § 1, 1-17-23; Ord. No. 2023-32, § 1, 12-11-23; Ord. No. 2025-23, § 1, 6-17-25)

Sec. 5-3. - Lots.

5-3.1. Lots. A lot shall not be modified in a manner which violates any provision of this ordinance. This provision shall not apply when a portion of a lot is acquired for public use.

5-3.2. Lots of record.

(A)

Land use. A lot that does not conform to the minimum area or width requirements of the zoning district in which it is located may be used for a single-family residence which otherwise complies with all applicable provisions of this ordinance.

(B)

Re-platting. Two (2) or more adjoining and vacant lots with continuous frontage are in the same ownership at the time of application which have a width or area less than is required by the zoning district in which they are located, shall be re-platted to create one or more lots which conform to the minimum width and area requirements of the zoning district.

(C)

Expansion and improvement of existing dwelling on sub-standard lot of record. An existing dwelling located on a substandard lot of record may be improved or expanded in compliance with all other applicable provisions of this ordinance.

5-3.3. Flag lots.

(A)

A flag lot shall not be created in any residential zoning district without approval of the planning commission. The commission in approving any flag lot in a residential zoning district shall determine the proposed flag lot(s) will not negatively impact the use and privacy of adjacent residential properties.

(B)

A flag lot shall not be created in any zoning district to circumvent any procedure or standard which would otherwise be required by this ordinance.

5-3.4. Access to public streets. All lots shall have a minimum of twenty (20) feet of frontage on a public street right-of-way.

5-3.5. Additional dwellings on a single lot. One additional single-family dwelling, or manufactured home if allowed in the zoning district in which the lot is located, may be permitted on the same lot as that of the main dwelling if the lot can be subdivided into two (2) lots which comply with all applicable provisions of this ordinance.

(Ord. No. 2022-32, § 5, 9-20-22)

Sec. 5-5. - Building height.

(A)

General. Building height is the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the coping of the parapet wall of a flat roof, to the deck line of a mansard roof, or to the average height level between the eaves and ridge of a shed, gable, hip, or gambrel roof.

(B)

Maximum building height. Maximum building heights are established in Table 5-5-1.

Table 5-5-1: Maximum Building Height
Maximum building height for accessory structures is provided in subsection 4-4.2(E)

Zoning District and Use Maximum Building Height (in feet)
Single-family detached and two-family residential in any district 35
Nonresidential uses in R-Ag, R-1, R-2, R-3 and RMH 40
R-TH, RM-1 40
RM-2 45
C-1, C-2 50
LC, OI 40
C-3 56/maximum 4 stories
M-1, M-2 60
IMU, MUC, NMU, FBR See Appendix A for requirements in form based code districts

 

(C)

Exceptions. Spires, belfries, cupolas, chimneys, antennas, water tanks, ventilators, elevator housings, mechanical equipment or other such structures placed above the roof level and not intended for human occupancy shall not be subject to height limitations. Silos, granaries, and other similar agricultural structures are not subject to height limitations.

(Ord. No. 2022-32, § 5, 9-20-22; Ord. No. 2022-39, § 10, 10-18-22; Ord. No. 2023-05, § 2, 1-17-23)