[R.O. 2009 §31-69; Ord. No. 2928 §31-69, 12-22-1999]
A. The
height limitations stipulated elsewhere in this Chapter shall not
apply to the following:
1. Barns, silos or other farm buildings or structures on farms, church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers (subject to the conditions in Subsection
(D) of this Section), windmills, chimneys, smokestacks, flagpoles, radio towers, masts and aerials, parapet walls extending not more than four (4) feet above the limiting height of the building;
2. Places of public assembly in churches, schools and other permitted
public and semi-public buildings, provided that these are located
on the first (1st) floor of such building and provided that for each
three (3) feet by which the height of such building exceeds the maximum
height otherwise permitted in the district, its side and rear yards
shall be increased in width or depth by an additional foot over the
side and rear yards required for the highest building otherwise permitted
in the district;
3. Bulkheads, elevator penthouses, water tanks, monitors and scenery
lofts, provided no linear dimensions of any such structure exceeds
fifty percent (50%) of the corresponding street lot line frontage
or to towers and monuments, fire towers, hose towers, cooling towers,
grain elevators, gas holders or other structures, where the manufacturing
process requires a greater height.
B. All such structures, except for transmission towers regulated in Subsection
(D) of this Section, above the heights otherwise permitted in the district shall not occupy more than twenty-five percent (25%) of the area of the lot and shall be distant not less than fifty (50) feet in all parts from every lot line not a street lot line.
C. On
through lots one hundred twenty-five (125) feet or less in depth,
the height of the building may be measured from the curb level of
either street. On through lots of more than one hundred twenty-five
(125) feet in depth, the height regulations for the street permitting
the greater height shall apply to a depth of not more than one hundred
twenty-five (125) feet from that street.
D. Transmission
towers, including radio or telephonic transmission towers or similar
structures, shall comply with the following requirements:
1. Said structure shall not be any nearer than one thousand five hundred
(1,500) lineal feet from any other radio, television or telephonic
communication transmitting tower.
2. Said structure shall be distant a minimum of one hundred percent
(100%) of its constructed height from any lot lines where said structure
is to be erected and also the same distance from any other buildings
or structure except those used in the operation of said tower.
3. The owners of the radio, television or telephonic communication tower
shall have explored and documented that there are no other existing
towers located within the City which could be used for the purpose
proposed.
4. The proposed tower must be able to accommodate a total of four (4)
users.
5. The site shall be fenced a minimum of eight (8) feet with a material
approved by the Board. The site shall be landscaped so as to make
it harmonious with surrounding properties.
6. The owner of the property shall furnish a surety bond, cash escrow
or letter of credit issued in favor of the City in an amount sufficient
to pay for the removal of the tower and the restoration of the property
to its former condition should the tower be abandoned. The tower will
be considered abandoned if its use is discontinued for a continuous
period of more than one (1) year.
7. Applicant must get Federal Aviation Administration and Federal Communications
Commission approvals or waivers and submit proof of said approval
to the City prior to construction.
8. Radio, television or telephonic communication transmitting tower
cannot exceed a maximum height of two hundred fifty (250) feet.
9. The Board may prescribe any other conditions that it deems necessary
to protect the general welfare of the community.
[R.O. 2009 §31-70; Ord. No. 2928 §31-70, 12-22-1999; Ord. No. 3923 §I, 5-12-2010]
A. Where
twenty-five percent (25%) or more of the lots in the block frontage
are occupied by buildings, the average setback of such buildings shall
determine the location of the building line, except that in any "E"
or "R" district, such setback need not exceed forty (40) feet in any
case. Building lines or building setback lines established in a recorded
subdivision shall establish the dimension of front yards in such subdivision.
Where an official line has been established for future widening or
opening of a street upon which a lot abuts, then the width of a yard
shall be measured from such official line to the nearest line of the
building.
B. Each
side yard, where required, shall be increased in width by one (1)
inch for each foot by which the length of the side wall of the building
adjacent to the side yard exceeds forty (40) feet. Side yard widths
may be varied where the side wall of the building is not parallel
with the side lot line or is broken or otherwise irregular. In such
case the average width of the side yards shall not be less than the
otherwise required least width, provided however, that such side yard
shall not be narrower at any point than one-half (½) the otherwise
required least width or narrower than three (3) feet in any case.
C. Depth
of a rear yard or a width of each side yard for a single-family or
two-family dwelling may be reduced by four (4) inches in depth and
two (2) inches in width respectively for each foot by which a lot
at the time of the passage of Ordinance 1401 (July 28, 1976) is less
than one hundred (100) feet deep or less than sixty (60) feet wide;
provided however, that no such side yard shall be less at any point
than three (3) feet or in the case of such side yard along a side
street lot line less than five (5) feet; and further provided, that
no such rear yard shall be less than ten (10) feet. The width of one
(1) side yard may be reduced when authorized by the Board in the case
of a single-family or two-family dwelling to a width of not less than
three (3) feet, provided that the sum of the widths of the two (2)
side yards is not less than the required minimum and the distance
between the proposed dwelling and another dwelling existing or proposed
on the adjacent lot is not less than the required minimum sum of the
widths of the two (2) side yards; provided however, that such reduction
may be authorized only when the Board finds it warranted by the location
of existing buildings or conducive to the desirable development of
two (2) or more lots.
[R.O. 2009 §31-71; Ord. No. 2928 §31-71, 12-22-1999; Ord. No. 3923 §I, 5-12-2010]
A. Certain
architectural features may project into required yards or courts as
follows:
1. Into any required front yard or required side yard adjoining a side
street lot line, cornices, canopies, eaves or other architectural
features may project a distance not exceeding two (2) feet six (6)
inches, fire escapes may project a distance not exceeding four (4)
feet six (6) inches, an uncovered stairway and necessary landings
may project a distance not to exceed six (6) feet provided such stair
and landings shall not extend above the entrance floor of the building
except for a railing not exceeding three (3) feet in height, and bay
windows, balconies and chimneys may project a distance not exceeding
three (3) feet, provided that such features do not occupy in the aggregate
more than one-third (1/3) of the length of the building wall on which
they are located;
2. Subject to the same limitations, the above named features may project
into any required side yard adjoining an interior side lot line a
distance not exceeding one-third (1/3) of the required least width
of such side yard but not exceeding three (3) feet in any case;
3. The named features may project into any required rear yard a maximum
distance of twenty (20) feet, provided however, that landings, decks
or porches may be covered and shall be no closer than fifteen (15)
feet to the rear lot line, measured from the closest point of the
rear lot line to the closest point of the feature.
B. Accessory
uses such as public utility installations, walks, driveways, curbs,
retaining walls, mailboxes, nameplates, lampposts, bird baths and
structures of like nature are permitted in any required front, side
or rear yard. Open fences, lattice work, screens, hedges or walls
not more than seven (7) feet in height and private swimming pools
surrounded by a fence at least forty-eight (48) inches high may be
located in the required side or rear yard and a hedge, open fence
or wall maintained so as to not exceed forty-two (42) inches in height
or chain link fence clear of all vegetation or obstruction at forty-eight
(48) inches in height may be located in any front yard. Trees, shrubs,
flowers or plants may be permitted in any required front, side or
rear yard except that vision clearance on corner lots shall be provided
when required.
[R.O. 2009 §31-72; Ord. No. 2928 §31-72, 12-22-1999]
A single-family dwelling may be located on any lot in any district in which such single-family dwellings are permitted if the lot was a single parcel or a single parcel included in a subdivision of record at the time of the passage of Ordinance 1401 (July 28, 1976), even though the lot does not have the minimum lot area or minimum lot width specified for the district in which located, provided that yard spaces satisfy requirements stipulated for such district or as may be modified by Section
405.690.