The district regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter.
(A) Public, semi-public, or public service buildings, hospitals, institutions, or schools, when permitted in a district, may be erected to a height not exceeding 60 feet and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is built.
(B) Single-family dwellings and two-family dwellings in the dwelling districts may be increased in height by not more than ten feet 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, but they shall not exceed three stories in height.
(C) Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, spires, church steeples, wireless towers, farm buildings, or necessary mechanical appurtenances, may be erected to any height not in conflict with other ordinances or regulations.
(D) Buildings on through lots and extending through from street to street may waive the requirements for a rear yard by furnishing an equivalent open space in lieu of the required rear yard.
(E) Accessory buildings which are not a part of the main building may be built in a rear yard within three feet of the rear and side lot lines. An accessory building which is not a part of the main building shall not occupy more than 30% of the required rear yard.
(F) Accessory buildings which are to be used for storage purposes only may be erected upon a lot prior to the construction of the main building.
(G) Every part of a required yard 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 12 inches. This requirement shall permit the construction of fences not exceeding ten feet in height except on that portion of lots within 30 feet of the intersection of the street curb lines or pavement edges, where there are no curb lines, of two or more streets, where wire fences will be permitted; provided, that land use does not obstruct sight lines at elevations between two feet and six feet.
(H) Open or lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon a yard not more than five feet and the ordinary projections of chimneys and flues are permitted.
(I) For the purpose of side yard requirements, a two-family dwelling shall be considered as one building occupying a single lot.
(J) An open unenclosed or screened porch or paved terrace, may project into a front yard for a distance not exceeding ten feet.
(K) More than one industrial, commercial, multiple-dwelling, or institutional building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any buildings, nor shall there be any change in the intensity of the use regulations.
(L) The Board of Zoning Appeals may consider issuing a variance to the terms and provisions of the Floodway (FW), Floodway Fringe (FF), or Floodplain (FP) Districts; provided, the applicant offers that:
(1) There exists a good and sufficient cause for the requested variance;
(2) The strict application of the terms of the ordinance codified in this section will constitute an exceptional hardship to the applicant; and
(3) The grant of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
(M) The Board of Zoning Appeals may issue a variance to the terms and provisions of the Floodway (FW), Floodway Fringe (FF), or Floodplain (FP) Districts subject to the following standards and conditions:
(1) No variance or exception for a residential use in a Floodway (FW) District may be granted;
(2) Any variance or exception granted in a Floodway (FW) District will require a permit from Natural Resources;
(3) Variances or exceptions to the flood protection grade requirements in a Floodway Fringe (FF) District may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to, and surrounded by lots with existing structures constructed below the flood protection elevation;
(4) Any variance or exception granted in a Floodplain (FP) District will require a permit or letter of recommendations from Natural Resources. If a letter of recommendation is received from Natural Resources, the Board of Zoning Appeals may apply the standards pertaining to a Floodway Fringe (FF) district contained in division (M)(3) above;
(5) Variance or exception may be granted for the reconstruction or restoration of any structure listed on the National Register of Historic Places or the State Survey of Historic, Architectural, Archeological, and Cultural Sites, Structures, District, and Objects;
(6) All variances shall give the minimum relief necessary, and be such that the maximum practical flood protection will be given to the proposed construction; and
(7) The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of excessive flood insurance premiums.
(Prior Code, § 156.076) (Ord. 3241, passed - -1979) Penalty, see § 156.999