1. Structures Permitted Above Height Limit. No permit will be issued for any structure above height limits, except as specifically approved by the Board of Adjustment.
2. Double Frontage Lots. Buildings on through lots and extending through from street to street shall provide the required front yard on both streets.
3. Rear and Side Yards Adjacent to Alleys - How Computed. In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens on an alley, one-half (½) of the alley width may be included as a portion of the rear or side yard as the case may be.
4. Other Exceptions to Yard Requirements. Every part of a required yard shall be open to the sky unobstructed with any building or structure, except for a permitted accessory building in a rear yard, and except for the following:
A. Projections not exceeding twenty-four (24) inches except for:
(1) Yards with a 5 foot setback requirement no projection shall be permitted except for a roof overhang not exceeding twenty-four (24) inches. This includes decks and stairs that are not considered accessory structures.
B. Decks that serve the principle structure; not constructed per the requirements for accessory structures and that have a walking surface over 36 inches above grade shall be permitted to encroach into the rear yard a maximum distance of 10 feet on properties with a platted rear yard of 25 feet or more.
C. Structures built over a deck/patio in a rear yard that have at least 65 percent of the space between roof joists that are clear, open and unobstructed to the sky may encroach a maximum distance of 10 feet on properties with a platted rear yard of 25 feet or more. If openings are less than 65 percent of the space between roof joists then the structure shall be considered a roof and must meet the setback distances of that for the primary structure. A membrane covered frame structure meaning a building/structure that is non-pressurized, movable and not permanently secured and is comprised of a rigid framework to support a tensioned membrane which provides a weather barrier is exempt from this requirement.
Notwithstanding the provisions noted above no part of any structure or building shall encroach into a recorded easement.
(Ord. 08-20-2012 #2 (352) – Dec. 12 Supp.)
5. Billboards. No permit will be issued for any billboards except as specifically approved by the Council.
6. Front Yard Exceptions. In areas where some lots are developed with a front yard that is less than the minimum required for the district by this Zoning Code or where some lots have been developed with a front yard greater than required by the Zoning Code, the following rule shall apply. Any new building or addition in front thereof shall not be closer to the street right-of-way than the average of the front yard of the first building on each side within a distance of two hundred (200) feet measured from building to building, except as follows:
A. Buildings located entirely on the rear half of a lot shall not be counted.
B. No residential dwelling shall be required to have a front yard greater than fifty (50) feet.
C. If no building exists on one side of a lot within two hundred (200) feet of the lot in question, the minimum front yard shall be the same as the building on the other side.
7. Zoning of Annexed Areas. Any land annexed to the City after the effective date of the Zoning Code shall be zoned A-1 Agricultural until the Zoning Commission and Council shall have studied the area and adopted a final zoning plan for the area. Said final zoning plan shall be adopted within six (6) months of the date of annexation.
8. Single-family, Semi-attached. Single-family, semi-attached dwellings are permitted only under the following terms and conditions:
A. A “single-family, semi-attached dwelling is a building designed for or occupied by one (1) family only and which is erected on a separate lot and is joined to another such residence on one (1) side only by a wall located on the lot line and has yards on the remaining sides. The joining wall must be a party wall and must be a fire wall.
B. Must have an “R-2” or “R-3” zoning.
C. The lot width requirement where approved by plat approval by the Council shall be forty (40) feet.
D. Each unit must have its own water service, sewer service, and secondary storm sewer service.
E. The joining wall must be a party wall and must be a fire wall having a one-hour rating.
F. The lot setback requirement shall be thirty-five (35) feet.