(A) Uses:
1. Conformance And Permits Required: No building or structure shall be hereafter erected, reconstructed, structurally altered, enlarged, or moved, nor shall any building, structure or land be hereafter used, designed, or intended to be used for any use other than is permitted in the district in which such building, structure or land is located and then only after applying for and securing a permit.
2. Public Utilities And Railways: For the purpose of this chapter, nothing herein shall be so interpreted as to interfere with the construction, maintenance and operation of the facilities of any public utility or public service including railway tracks and rights-of-way, on any property where such use lawfully existed at the time this chapter became effective.
3. Permitted Under Law: No use of land shall be permitted or conditionally permitted within the City of Havre that is in violation of Federal, State or local law. (Ord. 903, 12-18-2017)
(B) Area:
1. Area Requirements: Except as hereinafter provided, no building or structure nor the enlargement of any building or structure shall be hereafter erected, located or maintained on a lot unless such building, structure or enlargement conforms with the area regulations of the district in which it is located.
(C) Exceptions:
1. Exceptions To Height Regulations: This chapter shall not be deemed to limit or restrict the height of belfries, chimneys, clock towers, cooling or catalytic cracking towers, elevators, bulkheads, grain elevators, penthouses, stacks, water towers, ornamental towers, wireless or television towers or any similar appurtenances to buildings, imposed by other ordinances. Churches, public or semipublic buildings, hospitals, schools, colleges and private clubs may exceed the height restrictions of the district as approved by the Board of Adjustments.
(D) Exceptions To Area Requirements:
1. Where churches, schools, hospitals or colleges are located in any residential district and have no portion used as a place of habitation, the depth of the rear yard may be reduced as approved by the Board of Adjustments.
2. The front side and rear yards may be waived where dwellings are erected above stores, shops or other commercial uses that do not require such yards, when approved by the Board of Adjustments.
3. No lot area shall at any time be so reduced or diminished that the front, rear or side yard shall be smaller than prescribed by this chapter.
4. Every part of a required yard shall be open from its lowest point to the sky unobstructed.
5. On any corner lot in which a front yard is required by this chapter, no wall, fence or other structure shall be erected and no hedge, shrub, tree or other growth exceeding four feet (4') above the street grade shall be maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are thirty feet (30') distant from the point of intersection measured along said street lines.
6. On lots of irregular shape where the yard regulations can be determined but cannot reasonably be complied with, or on lots so located that appropriate improvement cannot be secured through strict adherence to the yard regulations, the yard regulations may be modified by the Zoning Board of Adjustment.
7. On the flank lines on any interior lot, between the front lot line and a line parallel with the rear wall of the rear most adjacent dwelling regulations shall apply:
(a) No fence hereafter erected shall exceed a horizontal height of four feet (4') above the main level of the ground and any such fence shall be of open work construction and not solid.
(b) No hedge hereafter planted, located or maintained shall exceed a horizontal height of four feet (4') above the main level of the ground.
(c) On the flank lines on any interior lot between the rear lot line and a line parallel with the rear wall of the rear most adjacent dwelling no fence or hedge hereafter erected or planted shall exceed a horizontal height of six feet (6') above the main level of the ground. (Ord. 599, 8-5-1974, eff. 9-4-1974)