Proposed Revisions To The Yard and Setback Requirements Of The R-2 District

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1 Proposed Revisions To The Yard and Setback Requirements Of The R-2 District (changes appear in stricken text and bold italics) Changes include: - Clarifications to various definitions (building setback, yard etc). - Where to make the measurement of lot width. - Not allowing patios and decks that are over 18 inches to come within 10 feet of waters edge. - Allowing at grade patios and docks to the waters edge - Limiting the width of at grade patios and docks in the rear yard to the width of the house. - Prohibiting vertical railing within 15 feet of waters edge. - Limiting the height of allowed railing in the rear to only that required by the building code. - Changing the allowable percentage of lot coverage. - Changing requirements for pump houses. BUILDING SETBACK. The measurement from the property line to the nearest point of the main wall of the building or structure. Steps may be located within the building setback. Porches are considered part of the building or structure and may not be located within the building setback, unless specifically provided (Ref. Sec. 7.05). The minimum building setback is the minimum depth of a front, side or rear yard necessary to conform to the required yard provisions of this ordinance (ref. definition of Yard ). BUILDING SETBACK LINE. A line which defines the minimum distance (as determined by the minimum front, side, or rear yard setback) which any building, deck or porch shall be located from a property line, (ref. rear yard exceptions of Sec. 7.05) existing street right-of-way, easement line of an approved private street, or ordinary high water mark. Steps may be located 1

2 within the building setback line. (Ref. Setback & Yard) SETBACK, REQUIRED. The minimum unoccupied distance between a front, side, or rear lot line and the principal and accessory buildings, as required herein. Steps may be located within the building setback. Porches are considered as part of the building or structure and may not be located within the building setback unless specifically provided for within this ordinance (Ref. Sec. 7.05). YARD. A required open space other than a court unoccupied and unobstructed by any building or structure or portion thereof from 30 inches (18 inches for water front lots in the R-2 District) above the general ground level of the lot upward unless specifically provided for within this ordinance (Ref. Sec. 7.05); provided however, fences, walls, poles, posts, and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. SECTION 3.10 ACCESSORY BUILDINGS AND STRUCTURES, GENERAL. (a) In any Zoning District, an accessory building may be erected detached from the permitted principal building or as an integral part of the permitted principal building. When erected as an integral part of the permitted principal building, it shall comply in all respects with the requirements of this Ordinance applicable to the permitted principal building. The architectural character of all accessory buildings shall be compatible and similar to the principal building. (b) Detached residential accessory buildings shall not be located closer than five (5) feet to the rear lot line or closer than forty (40) feet to the waters edge in the case of a waterfront lot (except that pump houses may be located within forty (40) feet of the waters edge if they do not exceed three (3) feet in height) and shall not occupy more than thirty percent (30%) of any required rear yard space; they shall not be closer to any side lot line or front lot line than the principal building is permitted. except that in the case of a waterfront lot the rear yard setback requirements for accessory buildings shall be the same as the requirements for principle buildings (ref. also Sec. 7.05(c)). Pump houses may be located not less than fifteen (15) feet of the 2

3 (c) (d) (e) (f) waters edge, may not exceed three (3) feet in height) and shall not occupy more than twenty (20) square feet of yard area. Pump houses shall not be closer to any side lot line or front lot line than the principal building is permitted. The distance between a detached residential accessory building and any single or two family residential building shall not be less than ten (10) feet. Accessory buildings shall be considered as attached to a principal building when the distance between the two (2) buildings is solidly covered by a breezeway, portico, covered colonnade or similar architectural device. A garage may be constructed, erected and placed in the front yard of any waterfront lot which is platted or otherwise of record as of the effective date of this Ordinance if it is an accessory building and if it is located not less than ten (10) feet from the edge of the street. Accessory buildings or structures shall not include living quarters for human beings. No accessory building or structure shall be constructed on any parcel on which there is no principal building. If a detached accessory building and principal building are to be erected concurrently, a building permit for the accessory building shall not be issued until such time that construction of the principal building has been at least ten (10) percent completed. SECTION 7.05 AREA REGULATIONS. No building or structure nor any enlargement thereof shall be hereafter erected except in conformance with the following yard, lot area and building coverage requirements. (a) Front Yard - There shall be a set-back line of not less than thirty-five (35) feet from the front lot line; provided, however that the required setback may be adjusted based upon application of the following criteria as applicable: (1) Where a uniform set-back line has been established or observed on one side of the street between two intersecting streets or for a distance of four hundred (400) feet on both sides of the lot in question, no building hereafter erected, altered or moved upon said land shall project or be made to project beyond the minimum set-back line so established; or (2) Where twenty-five (25) percent or more of all the property (according to front feet abutting upon one side of a street) between two intersecting streets, or for a distance of four hundred (400) feet on both sides of the lot in question, is built up 3

4 with buildings having an average setback of more or less than one hundred (100) feet from the established centerline of the street, no building hereafter erected or structurally altered, shall project beyond the average set-back line so established. In the case of corner lots, the front lot line requirements shall also apply to both street frontages. (b) (c) Side Yard - There shall be total side yards of not less than twenty (20) feet; provided, however, that no yard shall be less than seven (7) feet. The minimum required side yards for non-conforming lots of record having less than the required lot width may be reduced by the amount that is equal to the percentage of non-conformity of the lot to the lot width requirements Section 7.05 (d), except that no side yard shall be less than five (5) feet. The measurement of lot width shall be made in accordance with procedure included in the definition of Lot Width found in Chapter 1 of this ordinance. Example: Assume a lot of record that is 80 feet wide. Also assume that the required lot width is 100 feet. The 80 foot wide lot is non-conforming by 20 percent. Each of the required side yards may thus be reduced by 20 percent. In this example the total for both sides will be 16 feet and required side yard for the least side will be reduced to 5 feet 6 inches. Rear Yard - There shall be a rear yard of not less than twenty-five (25) feet, provided however, that in the case of lakefront lots, the required rear yard depth shall be the average of the rear yards established on the immediately adjacent lakefront lots, as measured from the ordinary high water mark to the nearest wall of the principal building that faces the lake, but not less than 25 feet. On lake front lots where a rear year has not been established by at least one adjacent developed lakefront lot, the rear yard shall be not less than fifty (50) feet. (1) Rear Yard Exceptions applicable to lakefront lots: The following structural exceptions are allowed in the rear yard of lakefront lots: (a) Ground level improvements: Patios, decks or platform surfaces that are constructed or installed at or on the ground level surface may extend to the waters edge (normal high water mark). The width of the ground level surfaces may not exceed the width of the principal structure facing the lake, as measured parallel to the lakefront, and they may not be closer to any side lot line or front lot line than the principal building is permitted. This exception does apply to surfaces that have or are or required to have, as the result of a grade change and per the requirements of the building 4

5 code, a vertical safety railing. Vertical railings may be located no closer than 15 feet of the waters edge (see Sub Paragraph (b) below). (b) Improvements above ground level-18 inches or less above general ground level: An open patio, porch, deck or platform built over and above the ground but no greater than eighteen (18) inches above the general ground of the yard may extend into the required rear yard from the principal structure, to a distance not less than ten (10) feet from the waters edge. An open work railing may not exceed the minimum height required by the building code and may be installed no closer than 15 feet to the water s edge (normal high water mark). (c) Improvements above ground level- Over 18 inches but less than 30 inches above ground level: Any open patio, porch, deck or platform with floor height of 18 inches or more but not more than 30 inches above general ground level may extend into the required rear yard a distance of 12 feet but shall be no closer than 15 feet to the water s edge (normal high water mark). An open work railing not exceeding the minimum height required by the building code may be installed or constructed on the patio, porch, deck or platform. (d) Improvements above ground level-over 30 inches but less than seven (7) feet above finished grade level: Balconies or decks whether roofed or open to the sky, having a floor level greater than 30 inches but less than 7 feet above finished grade level, may project from the principle building over and into the required rear yard a distance of no greater than 6 feet. (e) Improvements above ground level-7 feet or more above finished level: Balconies or decks, whether roofed or open to the sky, with a height of not less than 7 feet above finished grade, as measured to the bottom all lateral floor supports, may project from the principle building over and into the required rear yard a distance of 12 feet but shall be no closer than 15 feet to the water s edge (normal high water mark). (f) No covered or enclosed porch, patio, deck balcony or platform shall be utilized as living space or provided with heating or plumbing facilities. Necessary support columns, insect screening and transparent or mesh sun screening shall not constitute an enclosure under the terms of this 5

6 section if the construction is such that outside air is free to circulate throughout the deck, porch, platform or balcony area at all times and the screen or shade panels cannot be interchanged with glass or other type of solid panels. Any non-load bearing structural members used to support the screen or shade may not exceed 2 inches by 4 inches in size. (g) Pump houses (ref. Sec. 3.10(b) (d) (e) Lot Area and Width - The minimum lot area and width for a single family dwelling shall be twenty five thousand (25,000) square feet and one hundred (100) feet, respectively; provided, however, that the minimum frontage for lots served with public sewer may be reduced to eighty-five (85) feet on the building line and the lot areas may be reduced to 12,000 square feet. Not withstanding the lot frontage reduction allowable for lots having public utilities, the width of lots as measured along any lakefront shall be one hundred (100) feet. Lot Coverage - All buildings, including accessory buildings and yard exceptions allowed under subsection (c) paragraph (1) shall not cover more than 20 thirty (30) percent of the total lot area. 6

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