The district regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the district regulations appearing elsewhere in this title:
A. Public, semipublic or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty feet (60'), and churches and temples may be erected to a height not exceeding seventy five feet (75'), if that part of the building exceeding the height limit is set back from each yard line at least one foot (1') for each foot of additional building height above the height limit otherwise provided in the district in which the building is built.
B. Single-family dwellings, two-family dwellings and multiple dwellings may be increased in height by not more than ten feet (10') when the side and rear yards are increased over the yard requirements of the district in which they are located, by not less than ten feet (10'), but they shall not exceed three (3) stories in height.
C. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers, or necessary mechanical appurtenances, and farm buildings may be erected to a height in accordance with existing or thereafter adopted provisions of this code.
D. Accessory buildings may be built in a required rear yard but such accessory buildings shall not be nearer than ten feet (10') to the main building, nor shall any such accessory building occupy more than thirty percent (30%) of the rear yard. (Ord. 252, 12-7-1955)
E. (Rep. by Ord. 1080, 11-10-2003)
F. For residentially used properties, every part of a required yard or interior court shall be open to the sky unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twelve inches (12"). This requirement shall not prevent the construction of fences and walls not exceeding six feet (6') in height, except fences, hedges and walls closer than thirty feet (30') to the front lot line, which shall not exceed four feet (4') in height and on that portion of lots within thirty feet (30') of the intersection of two (2) or more streets in which cases fences and walls shall not be higher than three feet (3'). (Ord. 1235, 3-11-2013)
G. Open or lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into a rear yard not more than five feet (5'), and the ordinary projections of chimneys and flues may be permitted by the building inspector.
H. An open unenclosed porch or paved terrace may project into a required front or rear yard for a distance not exceeding ten feet (10').
I. For the purpose of the side yard regulations, a two-family or a multiple dwelling shall be considered as one building occupying one lot.
J. No building exceeding one and one-half (11/2) stories or twenty five feet (25') shall be erected within seven hundred fifty feet (750') of any airport or landing field. (Ord. 252, 12-7-1955)
K. Where it is deemed that encroachment upon any required setbacks will not necessarily create a sight obstruction or significantly compromise the continuity with regard to existing buildings, an "administrative variance" may be granted with concurrence on both by the city administrator and the assistant city administrator:
1. Exceptions: Variance from the application of area, height, dimension, distance, parking or setback requirements of this title may be allowed in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical condition where the strict application of the requirements of this title would result in a practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of his land or building. Practical difficulty or unnecessary hardship is not sustained when financial gain, loss or monetary savings is the basis for the claim of hardship.
3. Filing Fee: A nonrefundable fee of twenty five dollars ($25.00) shall be paid at the time the administrative variance is filed.
4. Filing Of Appeal: Appeals to the council may be filed by any person aggrieved by any decision of city officials with regard to this administrative variance decision. Such appeal shall be in accordance with procedures as set forth in chapter 8 of this title.
5. Right Of Appeal: The right of appeal to city council shall be taken, as set forth in section 12-8-3 of this title, within a reasonable time. A reasonable time shall be no later than sixty (60) days after a written decision is rendered to the applicant.
6. Decision Order: Administrative variances granted shall cause a decision order to be filed and recorded at the Luna County clerk's office. (Ord. 1225, 7-9-2012)