Sherwood Village City Zoning Code
ARTICLE XIV
Locational Regulations
§ 22-92 Location restricted.
No building shall be hereafter erected, structurally altered or relocated or moved onto a lot except in conformity with the following locational regulations as hereinafter specified and for the district in which it is located:
A.
Building must be on a lot. Every building hereafter erected, structurally altered or relocated shall be placed on a lot as defined in this chapter and regulated in this article.
B.
Only one principal residence building on a lot. Except as provided in the district regulations for attached single-family dwellings, apartments, manufactured housing projects, or planned development projects, only one principal residence building shall be permitted on a lot.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
§ 22-93 Front setbacks.
The proximity of a building, structures, or uses to a public street or way is regulated by setback provisions as follows:
A.
The minimum horizontal distance between the front lot line, measured at a right angle to such lot line, and the nearest point of a building or structure shall be the front setback as regulated by this chapter. In the case of an interior lot abutting upon only one street, the front lot line shall be the line separating such lot from such street. In the case of a through lot, each line separating such lot from a street shall be considered a front lot line, In the case of a corner lot, the shorter line separating such lot from a street shall be considered the front lot line.
B.
No building shall hereafter be erected, structurally altered or relocated so that it is closer to the front lot line than the setback distance herein specified by the regulations of the district in which it is located, except that, in the case of a new residential building to be located adjacent to one or more existing residential buildings which are placed farther back than the required setback, the following increased setback shall apply:
(1)
Where only one adjacent residence with an increased setback is within 250 feet or two lots, whichever is less, of the proposed residence, the average between the required setback and that of the existing residence shall be applied.
(2)
Where the nearest existing residences on both sides of a proposed residence and within 250 feet or two lots thereof, whichever is less, have increased setbacks, the average of the adjacent increased setbacks shall apply.
C.
How measured. The setback as required in this section preceding shall be measured from the nearest enclosed or roofed portion of a building; provided, however, that the first two feet of an overhanging eave and gutter shall not be included, nor the first six feet of uncovered stairs, landings and fire escapes, provided that they do not extend closer than three feet to the lot line.
D.
Structures and uses permitted in setback. The only structures permitted within the setback area shall be necessary highway and traffic signs, public utility lines and poles, telephone booths, walls and fences as regulated herein, mailboxes (no less than two feet from a side yard line), signs as permitted under the district regulations, structures other than buildings as regulated herein, temporary structures, outdoor lighting installations and unenclosed canopies for lighting and rain protection in conjunction with such uses as automobile fuel sales or drive-in commercial facilities, provided that such canopy structures are approved by the Plan Commission.
(1)
Walks, drives, paved terraces and purely decorative garden accessories such as fountains, pools, statuary, flagpoles, etc., where subject to permanent structure classification, shall be permitted in setback but not closer than two feet to an abutting property line, except that walks, drives and paved terraces may abut the street or alley line.
[Amended 8-10-2015]
(2)
Fences, walls, hedges, clothes poles, children's play apparatus and architectural screening devices where anchored to supports embedded in the ground shall be considered permanent structures and shall be subject to the regulations of structures other than buildings, Article IX.
E.
Vision setback lines at the intersections of public streets and of a street with a railroad or alley, where the grade is not separated, in all districts except the C-4 Office District, are hereby established as follows:
[Amended 8-10-2015 by Ord. No. 2015-123]
(1)
Across each sector between intersecting streets, one or more of which has a designated width of 100 feet or greater, a vision setback line shall be established by a straight line connecting two points of the intersecting base setback lines, which points are located 30 feet from the intersection of said base setback lines.
(2)
Across each sector between any other intersecting street, a vision setback line shall be established by a straight line connecting two points on the intersecting base setback lines, which points are located 20 feet from the intersection of said base setback lines.
(3)
Across each sector between an alley and an intersecting street, a vision setback line shall be established by a straight line connecting two points on the intersecting base setback lines, which points are located 10 feet from the intersection of said base setback lines.
F.
In the vision setback area, no structure and no landscaping of any kind shall be permitted which obscures vision between a height of 2 1/2 feet to 10 feet above the elevation of the center of the intersection, except for necessary highway and traffic signs, public utility lines, and open fences through which there is clear vision.
G.
On corner lots of record, as of the date of this chapter, the effect of the setback regulations shall not reduce the buildable width of such corner lot to less than 30 feet.
§ 22-94 Side yards and rear yards.
The proximity of any portion of a building to any other lot line other than a street line is regulated by side yard and rear yard provisions as follows:
A.
No building shall hereafter be erected, structurally altered or relocated so that a roofed or enclosed portion thereof is closer to any lot line than the side yard or rear yard distance herein specified by the regulations for the district in which it is located, except as follows:
(1)
Individual districts may establish differing side and rear yard requirements for accessory structures than for principal structures, and for the side of a lot than for the other sides. The Zoning Administrator may require a driveway side yard where, in the Administrator's judgment, a present or future owner is likely to install a driveway, and the Administrator may deny permits for driveways into side yards with less than the driveway side yard requirement.
(2)
In case of any lot of record which has a width less than that required by the district in which it is located, the side yard from a side lot line may be reduced proportionately to the ratio between the actual width and the required width; provided, however, that no side yard in any case shall be less than 1/2 the required side yard, except that the side and rear yards for detached garages may be reduced to three feet.
(3)
In the case of single-family attached, multiple-family, commercial, or industrial use structures, two or more buildings on adjoining lots may be erected with common or directly adjoining walls, provided that the requirements of the State Commercial Building Code relative to such construction are complied with, and provided that, at both ends of such row-type buildings, the applicable side yard requirements shall be complied with.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
B.
How measured. The side yards and rear yards shall be measured from the roofed or enclosed portion of a building, including overhanging eaves, except that the first two feet of an overhanging eave and gutter shall not be included where the yard requirement exceeds five feet.
C.
Courtyards. In all districts which allow common wall construction or do not require a side yard or rear yard, all buildings which are hereafter erected, structurally altered or relocated having any rooms required by the Building Code[2] to have light and ventilation by windows opening directly to the outer air shall provide courts as follows:
(1)
Outer courts. The width of any required court shall be not less than the height of any opposing wall forming said court. The depth of an outer court formed by walls on three sides shall be not greater than 1 1/2 times the width.
(2)
Inner courts. The least dimension of an inner court shall be not less than the full height of the walls enclosing such court.
[2]
Editor's Note: See Ch. 23, Building Codes.
§ 22-95 Height regulations.
A.
Maximum height restricted. In any district, no building or structure shall be hereafter erected or structurally altered to a height in excess of that herein specified by the regulations for that district.
B.
Exceptions. The following shall be excepted from the height regulations of all districts:
(1)
Chimneys, flues, and electrical or telephone and telegraph transmission and distribution structures.
(2)
Subject to approval of the Plan Commission, which shall be guided by the standards of § 22-111, Building, site and operational plans, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts, aerials and dish antennas and necessary mechanical appurtenances.
C.
Increase permitted. Subject to approval of the Plan Commission, which shall be guided by the standards of § 22-111, Building, site and operation plans, the maximum height in commercial, industrial, and other nonresidential districts as permitted under §§ 22-7G, 22-9F and 22-10E may be increased, provided that the required setbacks and offsets affecting the portion of the structure having increased height shall be increased by one foot for each foot in excess of the height limit in the district but in no case more than one story.