[R.O. 2008 §405.130; Ord. No. 4984 §1, 6-10-1991]
A.
General Rule. Any structure hereafter erected or altered
shall comply with the height limitations of the zone in which it is
located except as specified below. However, no exception listed below
shall exceed the height restrictions of an aircraft approach and turning
zone.
B.
Appurtenances. The following appurtenances may exceed the
prescribed height limit except when they would violate the height
restrictions of an aircraft approach and turning zone, provided they
are normally required for a use permitted in the zone in which they
are erected or constructed: flagpoles, chimneys, cooling towers, elevator
bulkheads, silos, storage towers, observation towers, ornamental towers,
monuments, cupolas, domes, spires, standpipes and other necessary
mechanical appurtenances and their protective housing; provided however,
that any of the above except flagpoles and chimneys, when located
in any zone with a height limit of forty (40) feet or less shall be
allowed only upon finding of the Board of Adjustment that such appurtenances
will not be unduly detrimental to the surrounding property.
C.
Public And Semi-Public Buildings. Public and semi-public
buildings and structures such as hospitals, churches, sanitariums,
schools and water reservoir towers may exceed the height limits of
the zone in which they are located, provided that such buildings and
structures shall provide at least one (1) additional foot of yard
space on each side for each additional foot that such building or
structure exceeds the specified height limit of the zone in which
it is located and further provided, that a finding is made by the
Board of Zoning Adjustment that such additional height will not be
materially detrimental to surrounding property.
[R.O. 2008 §405.140; Ord. No. 4984 §1, 6-10-1991; Ord. No. 6691 §§1 — 2, 9-27-2004]
A.
General Rule. Any building, structure or use hereafter erected,
altered or established shall comply with the yard space requirements
of the zone in which it is located except as specified below. The
required yard space for any building, structure or use shall and such
required yard space shall fall entirely upon land in a zone or zones
which the principal use is permitted. Any required yard space shall
be open from thirty (30) inches above the ground to the sky except
as specified herein.
B.
Yard Space Encroachments.
1.
Eaves. Eaves, cornices and similar features may
extend one (1) foot into a required yard space except that eaves may
encroach three (3) feet into a yard space when such yard space is
ten (10) feet or more in width.
2.
Chimneys. Chimneys, when not more than four (4)
feet wide, may extend one (1) foot into any required yard space. Chimneys
including those in excess of four (4) feet wide may extend two (2)
feet into any yard space when such yard is ten (10) feet or more in
width.
3.
Rear yard. Accessory buildings or structure shall
be permitted to occupy a required yard with the following restrictions:
a.
No such accessory structure shall be greater than fifteen (15) feet
in height nor be closer than twenty (20) feet from any street line.
b.
An accessory structure may be constructed within two (2) feet of
an inside lot line when the entire structure is within forty (40)
feet of the rear property line, or on the rear half of a lot if the
adjacent lot is built upon and the accessory building will be entirely
to the rear of the line of any principal building on the said neighboring
lot.
c.
Adjoining property owners may construct accessory buildings with
party walls in lieu of the two (2) foot side yard, but in compliance
with the general location rules of (b) above, provided such walls
conform with the requirements of the Building Code and a finding is
made by the Board of Adjustment that such party wall development will
be appropriate to the topographic conditions and in harmony with the
character of development of the neighborhood.
4.
Canopies. Canopies and overhangs on any side of
a business building may extend four (4) feet into a required yard
space. Signs mounted on the face of any such canopy or overhang shall
not exceed eight (8) inches in height in any zone in which flat wall
signs are specified. Canopies and awnings on a residential building
may extend four (4) feet into any required side yard or seven (7)
feet into any required front or rear yard when they are attached to
and supported entirely by or from a wall of the building.
C.
Yard Space Exception — Steep Slopes. Automobile storage
garages may be allowed within a required front or side yard when such
garage will be entirely below the grade of the lot and after a finding
by the Board of Zoning Adjustment that topographic conditions make
such a location necessary, that such orientation will not create a
hazard to automobile or pedestrian traffic in the street, and that
such orientation will be in harmony with the character of development
of the neighborhood.
[R.O. 2008 §405.150; Ord. No. 4984 §1, 6-10-1991; Ord. No. 5352 §1, 10-16-1995]
A.
A dwelling
may be built on any platted lot of record containing seventy-five
percent (75%) of the required lot area for the district to which the
lot is located if said lot was in separate ownership and separate
control at the effective date of this Chapter (June 10, 1991) provided
the front, side and rear yard requirements for the district in which
the lot is located are met and provided dwellings are permitted in
the district in which the lot of record is located. It is not the
intention of this exception to allow buildings as a matter of right
on a platted parcel which was never intended as a building site, but
rather was numbered on a plat for identification purposes under a
scheme in which multiple lots were intended to provide one (1) building
site.
B.
If
two (2) or more lots or combinations of lots and portions of lots
with continuous frontage in single ownership are of record at the
time of passage (June 10, 1991) or amendment of this Chapter, and
if all or part of the lots do not meet the requirements established
for lot width and area, the land involved shall be considered to be
an undivided parcel for the purposes of this Chapter, and no portion
of said parcel shall be used or sold in a manner which diminishes
compliance with lot width requirements established by this Chapter,
nor shall any division of any parcel be made which creates a lot width
or area below the requirements stated in this Chapter.
[R.O. 2008 §405.160; Ord. No. 4984 §1, 6-10-1991; Ord. No. 6109 §1, 8-24-1998]
A.
Corner Visibility. Except in zones allowing the construction
of buildings or structures to the property line, there shall be provided
an unobstructed view across the triangle formed by joining points
measured a twenty (20) feet distance along the property line from
the intersection of two (2) streets or fifteen (15) feet along both
the street and alley line from the intersection of a street and an
alley. Within said triangle there shall be no sight obscuring or partly
obscuring wall, fence or foliage higher than thirty (30) inches above
grade or in the case of trees, foliage lower than five (5) feet. Vertical
measurement shall be made at the top of the curb on the street or
alley adjacent to the nearest side of the triangle or if no curb exists,
from the edge of the nearest traveled way.
B.
Other Than Corner. On portions of a lot not covered by street
or alley intersection restrictions, the height of fences of any length
and foliage continuous for five (5) feet or more shall be limited
to forty-eight (48) inches on any street line and the front fifty
(50) feet on any side lot line. On all other portions of lot lines,
hedges and continuous foliage barriers may not exceed a height of
eighty (80) inches.
C.
Within Building Lines. Fences and hedges erected within
a portion of a zoning lot on which a principal building, but not an
accessory building, may be erected may conform with height limits
of buildings which may be erected on such lot, but shall be subject
to any building code provisions which may be applicable.
D.
Measurement Rule. Heights of fences, hedges and other continuous
foliage shall be measured from the adjacent top of the street curb,
surface of an alley or the official established grade thereof, whichever
is the higher. On inside lot lines, the measurement shall be from
the average grade of the lot line of the parcel or property having
the lower elevation.
E.
Exception — Board Of Zoning Adjustment. The Board
of Zoning Adjustment may approve, or may direct as a condition for
granting an appeal, that fences or plantings of a height in excess
of these regulations be placed as shieldings between different uses,
or between like uses upon agreement between the parties affected thereby,
provided that no such approval shall have the effect of reducing corner
visibility as provided for herein.
[R.O. 2008 §405.170; Ord. No. 4984 §1, 6-10-1991]
In general, on the east side of Main Street (Highway 71) City street rights-of-way tend to be wider than the average for the City as a whole (See Chapter 410, Subdivision Regulations). In such areas, development of property, where structures already exist and owners wish to extend terraces, patios, garages, eaves, and other such improvements, these improvements shall be allowed for front and rear yard areas, where they are in conformance with the rest of the neighborhood (block). Such additions or changes may be requested through a building permit and may be evaluated by the Building Official for conformance with neighborhood norms and where, in his/her opinion, this change would not interfere with the general condition of the neighborhood, it may be approved. Any person being denied a building permit for such improvements may appeal to the Board of Code of Appeals.
[R.O. 2008 §405.180; Ord. No. 4984 §1, 6-10-1991]
A problem exists that on a half lot situation property owners
should be allowed to demolish existing structures on said lot and
reconstruct a new building in conformity with this Chapter and all
appropriate building codes. Said reconstruction shall not exceed the
previous level of non-conformity for space requirements. Property
owners seeking to utilize this Section of the Code, must apply for
an appropriate demolition permit and building permits. If denied by
the Building Official, the property owner may seek a hearing with
the Board of Code of Appeals.
