(a) Height Limits. Height limitations specified elsewhere in this Zoning Code shall not apply to:
(1) Church spires, belfries, cupolas, domes, monuments, water towers, masts, aerials and parapet walls extending not more than four feet above the limiting height of the building;
(2) Places of public assembly in churches, schools and other permitted public and semipublic buildings, provided that they are located on the first floor of such buildings. It may be provided that for each three feet by which the height of such a building exceeds the maximum height otherwise permitted in the district, its side and rear yard shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.
(3) Bulkheads, elevator penthouses, water tanks, monitors, scenery lofts, towers and monuments, provided that no linear dimensions of any such structure exceed fifty percent of the corresponding street lot line frontage; and fire towers, hose towers, cooling towers, gas holders or other structures where the manufacturing process requires a greater height, provided, however, that no such structure above the heights otherwise permitted in the district shall occupy more than twenty-five percent of the area of the lot or be closer than twenty-five feet in all parts from every lot line.
(Ord. 79-56. Passed 11-13-79.)
(4) Personal wireless service facilities less than 250 feet high, located on nonresidentially utilized zoning lots in C-2, C-4, E-1, I-1 or S-FP Zoning Districts, provided that such structures are approved as conditionally permitted uses by the Planning Commission.
(Ord. 00-17. Passed 9-26-00.)
(5) Ground-mounted personal wireless service facilities less than eighty feet high, utilized solely by occupants of the zoning lot, where such facilities are associated with a legally established residential or business use on the premises, provided that such personal wireless service facilities are limited in number to one; are located outside easement areas and only within rear yards; conform to applicable building codes and FCC and FAA regulations; are no closer to a residential property line than one-half the highest point above grade of the mast and antenna in combination; and do not have guy wires, ancillary supporting structures or other structures closer than six feet to a property line or located within an easement area. Such structures will be treated as an accessory use of a given piece of property, but will not be counted against the limiting number of accessory structures on a given piece of property.
(6) Public utility distribution systems.
(7) Local, State or Federal government communication facilities.
(Ord. 97-5. Passed 3-11-97.)
(b) Yard Exceptions and Modifications.
(1) In any "R" District, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block front is less or greater than the least front yard depth of the front yard, such lot shall be modified. In such case, this shall not be less than the average depth of existing front yards of the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining, provided, however, that the depth of a front yard on any lot shall be at least ten feet, including all projections, and shall not be required to be more than fifty feet.
(2) All lots in "R" Districts fronting on major thoroughfares shall have a front yard depth of not less than thirty-five feet measured from the street right-of-way line.
(3) Any zoning in a C-3 District contiguous to six or more lots in any "R," "S-PUD" or "A-1" District shall have a side or rear yard depth of not less than seventy-five feet.
(4) All zoning districts which permit the construction or addition of a single-family, multifamily or mobile home dwelling shall, pursuant to the procedures specified in Chapter 1226, allow for lot size and front footage requirement reductions of up to ten and five percent, respectively.
(5) In any R-5 District where the Planning Commission has granted a variance to permit more than one building per zoning lot, the yard requirements for that district shall apply for separation of buildings to ensure the health, safety and general welfare of the residents.
(c) Side Yard Exceptions or Modifications. Side yard widths may be varied where the side wall of a building is not parallel with the side lot lines or is broken or otherwise irregular. In such case, the average width of the side yard shall not be less than the otherwise required least width, provided, however, that such side yard shall not be narrower at any point than one-half the otherwise required least width or narrower than six feet in any case.
(d) Projections Into Required Yards. Architectural features may project into required yards or into courts as follows:
(1) Into any required yard:
A. Cornices, canopies, eaves or other architectural features may project a distance not to exceed four feet.
B. Fire escapes may project a distance not to exceed four feet, six inches.
C. An open stair and necessary landing may project a distance not to exceed six feet.
(Ord. 79-56. Passed 11-13-79.)
D. A porch may project into a front yard a distance not to exceed eight feet and into a rear yard a distance not to exceed twelve feet, provided it is open on three sides, except for railing, banisters or screening.
(Ord. 86-16. Passed 10-28-86; Ord. 92-37. Passed 11-24-92.)
E. Bay windows, balconies or chimneys may project into a yard a distance not to exceed three feet, provided, however, that the aggregate width of such projection shall not exceed one-third of the length of the wall upon which the projection is located.
(Ord. 79-56. Passed 11-13-79.)
F. Patios may project into rear yards, provided they are not closer than six feet to any adjacent property line. If located closer than eight feet, they shall be screened by an evergreen hedge or fence not less than four feet in height and maintained in good condition.
(Ord. 86-16. Passed 10-28-86.)
(2) Subject to the limitation in Section 1266.02(d)(1), the features named therein may project into any required rear yards or into any required outer court the same distance they are permitted to project into the front yard.
(e) Corner Lots.
(1) In all corner lots, the yard area along all street frontages shall be considered to be front yard and the minimum front yard setback for that particular zoning district shall apply. In all corner lots, the yard area between any part of the rear of the main building and the lot line to the rear of the main building shall be considered to be the rear yard and the minimum rear yard requirements for that particular zoning district shall apply.
In all corner lots, any yard area not covered by the above will be considered to be side yard and the minimum side yard requirements for that particular zoning district shall apply, except that Section 1266.02(c) does not apply to such yard requirements. For the purpose of this definition, the rear of a main building shall be considered that part of a building where the principal rear entrance is located, or if there is not a principal rear entrance, that part of a building opposite to the front of the building where the front entrance is located.
(2) On any corner lot in an "R" District, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along such street lines fifty feet from the point of the intersection.
(Ord. 79-56. Passed 11-13-79.)
(3) Principal structures on corner lots shall be oriented so that the front of the structure faces the abutting street offering the least frontage to said lot.
(4) The plane representing the front wall(s) of a principal structure on a corner lot shall be parallel with the abutting street right-of-way, to within fifteen degrees.
(Ord. 99-5. Passed 5-11-99.)
(f) Double Frontage Lots. Buildings on lots having frontage on two nonintersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of such required rear yard. Applicable front yards must be provided, however, on both streets.
(Ord. 79-56. Passed 11-13-79.)
(g) Antennas and Similar Energy Transmitting/Receiving Structures.
(1) No person, partnership, corporation or other legal entity shall, without proper permit, establish a dish-type receiving or transmitting antenna, solar collector, windmill or other collection structure.
(2) The following regulations shall apply to antenna dishes, solar collecting devices, windmills and similar devices:
A. If such structures are attached to a building, their height shall be limited to not more than three feet above the highest point of the roof of the building to which they are mounted.
B. Roof-mounted, dish-type antennas shall not have a diameter of more than six feet.
C. These devices, when roof or ground-mounted, shall be capable of withstanding wind forces of eighty-five miles per hour without the use of supporting guy wires.
D. Such devices may be roof-mounted, but shall not be mounted to appurtenances such as chimneys, towers or spires. This paragraph shall not apply to parabolic-type antennas for FCC-licensed radio use if such antennas are thirty inches or less in diameter and meet applicable Build ing Code requirements.
E. If roof-mounting is utilized, roof-load capability must be certified by a professional engineer or registered architect.
F. Ground-mounted devices shall be on the same zoning lot as the signal processor(s) being fed.
G. Ground-mounted devices shall not exceed a height of fifteen feet.
H. Connecting power cables, supporting hardware and construction standards shall meet applicable Building and Electrical Code requirements.
I. Such devices shall not be located in front or side yards, in easement areas or within six feet of the property lines defining a zoning lot.
(Ord. 85-31. Passed 5-14-85.)
(h) Paving of Zoning Lots.
(1) No person, partnership, corporation or other legal entity shall, without a proper permit from the City, either construct or expand a parking area or otherwise create a greater surface area impervious to precipitation run-off on a zoning lot not zoned or used for residential purposes.
(2) Every permit for paving a nonresidentially utilized lot shall be issued only after approval by the City Engineer of a storm water run-off plan for such paved area.
(3) Every residentially zoned and/or residentially utilized zoning lot shall be restricted to the following yard paving requirements:
A. Residential properties with more than one principal structure on a zoning lot shall ' have the paving plan approved by the Administrative Board for Planning and Zoning Appeals at the same time as overall site development approval is sought. In the absence of specific Board approval, paving will be allowed only for parking meeting the requirements of the Zoning Code and for areas meeting the paving requirements for residential properties with only one principal structure.
B. A permit from the City will be required for paving specified by Chapter 1445 of these Codified Ordinances, or for the creation of any impervious yard surface in excess of 300 square feet in area.
C. The closest edge of a driveway to a property line shall be at least five feet from side and rear property lines and ten feet from a front property line, except where the driveway enters and/or exits the property at approximately a ninety-degree angle.
D. Every residential zoning lot is allowed a driveway leading to either a garage or a carport. Such driveway may be twelve feet in width for each garage/carport parking bay being served, up to a driveway width of twenty-four. feet.
E. Every single-family zoning lot is allowed, in addition to the driveway area specified in paragraph (h)(3)D. hereof, a separate paved area, up to ten feet in width, for the storage or transport of recreational vehicles, trailers and the like. This separate paved area is permissible only where the resulting property line offsets of paved areas and paved storage areas meet the requirements of the Zoning Code.
F. Every single-family zoning lot is allowed to have paved either one-third of the yard area between the facing wall of the principal building on the site and the public right of way or the area specified by paragraphs (h)(3)D. and E. hereof, whichever is larger.
G. Residential zoning lots are allowed to pave up to one-third of required rear yards, provided that such paving is kept at least six feet removed from a perimeter property line.
H. Residential zoning lots are prohibited from paving required side yards, except for driveways meeting the standard established in paragraph (h)(3)C. hereof.
(Ord. 87-30. Passed 10-27-87.)