Article 10 - Yard Requirements - All Districts 

3-10-1 Chapter 1: Conforming to Yard Regulations

Except as hereinafter provided, no building or structure shall be erected unless such building or structure conforms, and no building or structure shall be altered, enlarged or reconstructed unless such alteration, enlargement or reconstruction conforms with the yard regulations of the district in which it is located, as follows:

3-10-1-1 Front Yard Requirements

Each lot shall have a front yard with a minimum depth measured from and parallel to the front right-of-way line, existing or proposed, whichever is greater, as established in the Allen County Master Plan.

The minimum front yard depths shall be as follows:

District	Depth in Feet
A-1 if served by individual well and septic system or one community facility; A-3	75 ft. minimum front yard depth shall be required from the proposed or existing right-of-way of all streets and highways designated as arterial and/or collector on the Master Plan for Allen County; as well as those roads which follow section and half-section lines. A 40 ft. minimum front yard shall be permitted on all other streets and Commission approved easements.
A-1 if served by public or other approved community sewer and water system; RS-1, RS-2, RS-3, and MH	Equal to one-half the width of the street right-of-way as defined in this section (1) above; provided that the - required depth of these front yards shall not be less than 30 feet and need not be more than 60 feet.
RS-1 and RS-2 if recreation space is provided according to A.C.C. 4-4-6 of the Subdivision Control Ordinance	Thirty (30) feet minimum front yard depth unless said front yard adjoins the circular portion of a cul-de-sac street in which case a 25-foot front yard depth is permitted.
C-lA, C-1, C-3, C-4, I-1, I-2, for residential uses: C-lB(P),	35
C-1, C-IA, C-3, I-1, I-2, other than residential uses	25
C-2, C-4, C-5, I-3	75
I-4	100

(a) Front Yards on a Through Lot - At each end of a through lot there shall be a front yard that conforms to the front yard requirement of A.C.C. 3-10-1-1.  One such front yard may serve as a required rear yard to permit accessory structures.

(b) Front Yard - Between Buildings - Where a lot is situated between two lots, each of which has an existing main building thereon, the front yards of which are less than the minimum required front yards established herein, the front yard requirement of such lot shall be the average of the front yards of said existing buildings.  See figure below.

Front Yard - Between Buildings

D = D1 + D2/2

(c) Front Yard Adjoining Building - Where a lot abuts only one lot having an existing main building thereon, the front yard of which is less than the minimum required front yard established herein, the front yard requirement of such lot shall be the average of the front yard of the existing building and the required front yard.  See figure below.

Front Yard Adjoining Building

D = D3 + D4/2

3-10-1-2 Side Yard Requirements

There shall be two side yards for each lot, the minimum width of which and the aggregate width of both of which shall be as follows:

District	Minimum Width of One Side Yard	Aggregate Width of Both Yards
A-1 if served by individual septic system and well or one public facility; A-3 and A-E	15 Feet	35 Feet
A-1 if served by public or other approved community sewer and water system; RS-1, RS-2 and RS-3 (without community recreation space), MH, C-1, C-IA, C-lB(P), C-3, C-4, I-1, I-2, when used for residential purposes on the first floor	10% of the lot width or 15 feet whichever is less	25% of the lot width or 35 feet, whichever is less
RS-1 and RS-2 if recreation space is provided according to A.C.C. 4-4-6 (Amended 11/09/05 by Ordinance # 11-09-05-35)	5 Feet	12 Feet
Villa lots in RS-1 if recreation space is provided according to A.C.C. 4-4-6 (Amended 11/09/05 by Ordinance # 11-09-05-35)	5 Feet	5 Feet
C-1, C-lA, C-2, C-3, C-4, C-5, I-1, I-2, I-3, when the yard abuts an A, RS, or MH District; C-lB(P)	25 feet or 10% of the lot width, whichever is less	Twice the "one side yard" requirement where applicable
C-1, C-lA, C-2, C-3, C-4, C-5, I-1, I-2, I-3, when the yard does not abut an A, RS or MH District	No Requirement	No Requirement
I-4 when the yard abuts an A, RS, MH or C District	75 Feet	Twice the "one side yard" requirement where applicable
I-4 when the yard does not abut an A, RS, MH or C District	30 Feet	60 Feet

(a) Side Yard Waived - For the purpose of side yard regulations, dwellings with common party walls shall be considered as one building occupying one lot.

(b) Corner Lot, Side Yard Width to the Side Street Line - In the case of a corner lot, the side yard width to the side street line shall be equal to at least one half of the front yard depth requirement for the district in which the lot is located.  In no case shall the side yard width to the side street line be less than twenty (20) feet.

3-10-1-3 Rear Yard Requirements

There shall be a rear yard for each lot as indicated below, and the minimum depth of such yard shall be as follows:

District	Rear Yard Requirements
For residential use in all districts except RSP, without community recreation space	25% of lot depth, or 25 feet, whichever is less
RS-1 and RS-2 if Recreation space is provided according to A.C.C. 4-4-6	25% of the lot depth or 25 feet, whichever is less unless there is abutting common recreation space which, in the Commission's opinion, is significant - then a 15 foot rear yard depth is permitted
C-1, C-IA, C-2, C-3, C-4, C-5, C-6, I-1, I-2, I-3 when abutting an A, RS or MH District -- otherwise none required; C-IB(P)	20% of lot depth or 25 feet, whichever is less
I-4 when abutting a C or I District	50 Feet
I-4 when abutting an A, RS, or MH District	75 Feet

(a) Rear Yard Accessory Building -- an accessory building not exceeding twenty (20) feet in height may occupy not more than thirty percent (30%) of the required rear yard area, provided that no accessory building shall be closer than three (3) feet to the side or rear property line of the required rear yard.  See following figure.

Yards for Accessory Buildings

 

3-10-1-4 Yard Requirements - Multiple Family Housing Developments Containing Five or More Dwelling Units

(a) The Commission shall review the location of all structures within the development to assure that adequate light, air and ease of entry is available for all structures.

(1) The Commission shall be governed by the following minimum requirements for buildings of two stories or less:

(A) Minimum distance from front or rear of building to front or rear of adjacent buildings -- 45 feet;

(B) Minimum distance from side of building to front or rear of adjacent buildings -- 35 feet;

(C) Minimum distance from side of building to side of adjacent building -- 25 feet.

(2) All multiple family structures within and adjacent to the boundary lines of an RS-3 (Multiple Family Residential) District or less restrictive districts or adjacent to either an A or RS-1 District shall meet the minimum requirements of A.C.C. 3-10-1-1, 2 and 3 inclusive for those sides abutting the boundary, except that the maximum required side yard shall be twenty five (25) feet.

(3) All multiple family structures adjacent to a lot line abutting an RS-3, MH, C or I District shall conform with the following minimum side yard requirements:

(A) Ten (10) percent of the proposed or actual lot width -- fifteen (15) foot maximum.

3-10-1-5 Yard Requirements for Private Swimming Pools

A pool wall shall not be located any closer than six (6) feet from a side or rear property line.  Under no circumstances shall a private swimming pool be located in the required front yard.

3-10-2 Chapter 2: General Provisions and Exceptions to Yard Requirements

3-10-2-1 Yards Apply Only to One Building

No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this Ordinance, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space or any lot be considered as providing a yard or open space for another lot whereon a building is to be erected.

3-10-2-2 Fence, Walls, Hedges, or Other Specified Plantings or Structures

(a) Nothing contained in this Ordinance shall prohibit the construction or maintenance of a fence of any height in connection with any permitted agricultural use.

(b) Fences, Walls or Hedges.  Fences, walls or hedges may be permitted in any yard, or along the edge of any yard.  The height of fences, walls and hedges shall not exceed eight (8) feet in any side or rear yard.  In all industrial districts, a fence may be permitted up to eight (8) feet in height along the side or front of a front yard providing it does not constitute an obstruction for motor vehicles.  In all districts, except in industrial districts, no fence, wall or hedge along the side or front of any front yard, or in front of the side building line of a corner lot shall be over two and one-half (214) feet in height.  However, fences that do not create a visual or physical barrier (i.e., split-rail fence) and whose purpose an not serve any physical function other than for decoration or aesthetic appeal, may be constructed up to three and one-half (314) feet in height within the front and side yards of a front yard.  Fences within planned unit development (RSP) zoning districts may be exempted from the above requirements by the Plan Commission as part of development plan approval.

(c) Trees, Shrubs, Flowers or Plants - Trees, shrubs, flowers or plants shall be permitted in any front, side or rear yard, provided it does not violate the corner setbacks as set forth in A.C.C. 3-10-2-3.

(d) Other Specified Structures - Walls, driveways, curbs, retaining walls, mailboxes, name plates, lamp posts, bird baths and structures of a like nature shall be permitted in any front, side or rear yard.

(e) Swimming Pools, private, shall be completely surrounded by a fence of not less than four (4) feet.  Aboveground swimming pools need not be fenced if their side walls are at least four (4) feet in height, or when a fence is secured on top of the side pool walls to a minimum of four feet in height as measured from ground level.  All swimming pool fences or walls shall be constructed as to have no openings larger than four (4) inches in dimension, except for doors and gates.  All doors and gates shall be self-latching and self-closing.

3-10-2-3 Corner Visibility

No fence, wall, hedge, planting or other obstruction to vision in excess of three (3) feet above ground level but less than eight (8) feet above ground level shall be erected or maintained on that part of the corner lot that is included between the lines of intersecting street rights-of-way and a line intersecting them at points twenty-five (25) feet distance from the intersection of the street lines (see figure below).

3-10-2-4 Other Projections into Yards

(a) Cornice, Sill, Chimney or Fireplace, a cornice, eave belt course, sill, canopy or other similar architectural feature (not including bay window or other vertical projection which shall be a part of the main building) may extend or project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard and may extend or project into a required front or rear yard not more than thirty (30) inches.  Chimneys or fireplaces may project into a required front, side or rear yard not more than two (2) feet, provided the width of such side yard is not reduced to less than three (3) feet.

(b) Fire Escape - A fire escape may extend or project into any front, side or rear yard not more than four (4) feet.

(c) Open Stairway or Balcony - An open, unenclosed stairway or balcony, not covered by a roof or canopy, may extend or project into a required rear yard not more than four (4) feet, and such balcony may extend into a required front yard not more than thirty (30) inches.

(d) Porch, Open - An unenclosed platform or landing which does not extend or project into any required front, side or rear yard more than six (6) feet, provided that the width of a side yard is not reduced to less than three (3) feet.  An overhang, canopy or portico may be placed over the open porch, but it shall not be enclosed.

Disclaimer

This version of the Allen County Code is an unofficial copy of the Code converted from a paper copy provided by the Allen County Attorney. Updates are added by IPFW Helmke library as received. Contact the issuing agency or the county attorney for the definitive edition.