13-116-130 Exceptions.

   Nothing in this chapter shall prohibit within the fire limits and subject to the specified limitations, the erection of new buildings or structures nor the extension or enlargement of buildings or structures of wood frame construction or unprotected noncombustible construction nor the use of wood or other combustible veneers as follows:

   (a)   Fences not exceeding ten feet in height;

   (b)   Temporary platforms, reviewing stands, builders, shanties and similar miscellaneous structures erected for a limited period of time as approved by the building commissioner;

   (c)   Coal and material bins, water towers and trestles constructed of heavy timber having minimum sizes conforming to the requirements of Type III-A, heavy timber construction;

   (d)   Storm enclosures not exceeding 12 feet in height, nor more than three feet wider than the entrance doors which they serve.

   (e)   Boathouses of Type II construction not exceeding 2,500 square feet in area nor 25 feet in height.

   (f)   Tanks;

   (g)   Wood or other combustible veneers on noncombustible backing for facades that do not extend above the first full story above grade or fire retardant treated wood that does not extend above the second full story above grade;

   (h)   A building occupied as a private garage, not more than one story in height nor more than 500 square feet in area, located on the same lot within a dwelling; provided that such building shall be placed at least three feet from the lot lines of adjoining property;

   (i)   Buildings of unprotected noncombustible construction, except when used for a hazardous use of occupancy, not exceeding 5,000 square feet in area when used for a business occupancy, not exceeding 5,000 square feet when used as a gasoline filling station, or 1,000 square feet in area when used for other occupancies, nor more than one story in height, and having a horizontal separation of not less than 12 feet on all sides. Walls having a horizontal separation of less than 12 feet shall have a fire resistance rating of not less than one hour;

   (j)   Buildings of unprotected noncombustible construction having a horizontal separation of 30 feet on all sides. Walls having a horizontal separation of less than 30 feet but not less than 12 feet shall have a fire resistance rating of not less than one hour. Walls having a horizontal separation of less than 12 feet shall have a fire resistance rating of not less than two hours;

   (k)   Greenhouses not exceeding 400 square feet in area and not more than 15 feet in height erected on the same lot with and accessory to a building of another occupancy;

   (l)   Sheds open on the long side, not more than 15 feet in height nor more than 400 square feet in area, located at least ten feet from buildings and from adjoining lot lines;

   (m)   Piazzas or balconies on dwellings, not exceeding ten feet in width nor ending more than three feet above the second-story floor beams; provided that no such structure shall be located nearer than three feet to an adjacent lot line or be joined to a similar structure of another building;

   (n)   Roofs over parking lots and bus stations, of unprotected noncombustible construction, where the roof is at least ten feet above the floor, and every 40 feet there is an open roof ventilation area six feet wide extending either the full length of the roof or the full width of the roof;

   (o)   Display signs as permitted elsewhere in this Code;

   (p)   Cooling towers as permitted in Section 13-96-430.

(Prior code § 50-13; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 3-5-03, p. 104990, § 26; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1)