Sidney City Zoning Code
ARTICLE III
Height and Area Modifications
§ 250-10 Lot area and width.
Any lot of record at the time of passage of this chapter having less area or width than herein required may be used for a single-family dwelling.
§ 250-11 Front yard.
A.
Where 30% or more of a block front is improved with buildings, then no part of any building shall project beyond a line joining the two adjacent corners of the building on either side, except that no building shall be required to provide a front yard greater than 50 feet in any event.
B.
The front yard building setback requirement may be reduced to the front yard distance resulting from a line joining the front of an existing building on each side of subject lot, such that a new building may be built at said determined front yard setback line, even if the resulting setback distance is less than that otherwise permitted by this chapter.
[Added 3-2-2009 by Ord. No. 2009-02]
§ 250-12 Side yard.
Required side yards shall be maintained on each side of the dwelling, but such side yard may be reduced to 10% of the lot width on lots of less than 67 feet in width; provided, however, that no side yards shall be less than five feet.
A.
The required side yard on the street side of a corner lot shall be the same as the required front yard on such street, except that the building width shall not be reduced to less than 32 feet and no accessory building shall project beyond the required front yard on either street.
B.
For the purposes of the side yard regulations, a two-family dwelling or multiple-family dwelling shall be considered one building occupying one lot.[1]
[1]
Editor's Note: Original Section 3.104, Rear Yard, of the 8-1-1977 ordinance establishing this chapter, which immediately followed this subsection, was repealed 3-2-2009 by Ord. No. 2009-02.
§ 250-13 All yards. [1]
The ordinary projection of roof overhangs, cornices and ornamental features may be permitted not to exceed 48 inches in any required yard.
A.
Fences or walls may project into or enclose other required yards, provided that such fences or walls do not exceed a height of six feet and such fences or walls do not adversely affect public health, safety and welfare for any reason.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Where a lot or tract is used for multiple-family, commercial or industrial purposes, more than one main building may be located on the lot or tract, but only when such buildings conform to all yard requirements around the lots or the district in which the lot or tract is located.
C.
The required side yard may be varied by more than 25%, and up to 100%, if the following conditions, in addition to all other requirements for a variation, are satisfied:
[Added 1-20-2003 by Ord. No. 2003-01]
(1)
The variance or variation is requested to permit the construction of a handicap ramp, porch or other improvement to accommodate handicap-related equipment such as wheelchairs, crutches or canes for the residents of the property.
(2)
The property involved is used for single-family residential purposes.
(3)
The side yard abuts a grassed unused public alley of at least 12 feet in width, which alley would not be affected by the requested variations.
(4)
The requested variance would not encroach upon or adversely affect any public right-of-way or easement, or other utility easement.
(5)
The requested variance would not in any other way affect or prejudice the public's safety, planning or land use policies.
[1]
Editor's Note: Original Subsection (a), regarding filling station pumps and pump islands, of the 8-1-1977 ordinance establishing this chapter, was repealed 3-2-2009 by Ord. No. 2009-02.
§ 250-14 Height.
A.
Chimneys, cooling or water towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers, tanks, spires, church steeples, radio towers or necessary mechanical apparatus may be erected to any height not in conflict with any other ordinance of the Village of Sidney.
B.
In all zoning districts, except the I Industrial District, public, semi-public or public service buildings, hospitals, institutions, churches and schools, when permitted in a district, may be erected above height limits specified for the district, provided all the required yards are increased by one foot for each foot of building height above the specified height limit.
[Amended 3-2-2009 by Ord. No. 2009-02]