(A) The regulations in this chapter shall be subject to the following interpretations and exceptions.
(1) Essential services. Essential services serving the city and essential transportation services authorized by state and federal law shall be permitted as authorized and regulated by law and other ordinances of the municipality. Overhead or underground lines and necessary poles and towers to be erected for transmission systems defined as all lines conducting electricity between stations, commonly called high tension towers and lines, shall receive the review and approval, after a public hearing, of the Board of Appeals. Such review of the Board of Appeals shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers, and further shall consider injurious effects on property abutting or adjacent thereto and on the orderly appearance of the city.
(2) Voting place. The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
(3) Height limit. The height limitations of this chapter shall not apply to farm buildings, chimneys, church spires, flag poles, public monuments or wireless transmission towers; provided, however, that the Board of Appeals may specify a height limit for any such structure when such structure requires authorization as a conditional use.
(4) Lot area. Any lot existing and of record on the effective date of this chapter may be used for any principal use permitted other than conditional uses for which special lot area requirements are specified in this chapter, permitted in the district in which such lot is located whether or not such lot complies with the lot area and width requirements of this chapter. Such use may be made provided that all requirements other than lot area and width prescribed in this chapter are complied with, and provided that not more than 1 dwelling unit shall occupy any lot except in conformance with the provisions of this chapter for required lot area for each dwelling unit.
(5) Lots adjoining alleys. In calculating the area of a lot that adjoins an alley for the purpose of applying lot area requirements of this chapter, one- half the width of such alley abutting the lot shall be considered as part of such lot.
(6) Yard regulations. When yard regulations cannot reasonably be complied with, or where their application cannot be determined on lots of peculiar shape, topography or due to architecture or site arrangement, such regulations may be modified or determined by the Board of Appeals.
(7) Porches. An open, unenclosed and uncovered porch or paved terrace may project into a front yard for a distance not exceeding 10 feet, but this shall not be interpreted to include or permit fixed canopies.
(8) Projections into yards. Architectural features, not including vertical projections, may extend or project into a required side yard not more than 2 inches for each 1 foot of width of such side yard and may extend or project into a required front yard or rear yard not more than 3 feet.
(9) Access through yards. For the purpose of this chapter access drives may be placed in the required front or side yards so as to provide access to rear yards or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Further, any walk, terrace or other pavement servicing a like function, and not in excess of 9 inches above the grade upon which placed, shall for the purpose of this chapter not be considered to be a structure and shall be permitted in any required yard.
(10) Lots having water frontage. Those residential lots or parcels having water frontage and abutting a public thoroughfare shall maintain the yard on the water side as an open unobscured yard, excepting that a covered and/or uncovered boat well shall be permitted. Accessory structures shall be permitted in the setback between the abutting road right-of-way and the main building providing the front yard setback required in § 82-426 is met.
(B) The provisions of subsections (A)(4) through (A)(10) of this section shall not apply to mobile home parks.
(1993 Code, § 82-491) (Ord. passed 10-12-1992)