CHAPTER 1137
Exceptions and Modifications
1137.01   Lots of record.
1137.02   Height modifications.
1137.03   Yard modifications.
1137.04   Yard projections.
1137.05   Lot area requirements.
 
CROSS REFERENCES
Yard requirements along zoning boundary lines - see P. & Z. 1121.06(f)
Height and yard regulations - see P. & Z. Ch. 1123, 1125
 
 
1137.01 LOTS OF RECORD.
   (a) Dwelling On Any Lot of Record.
      (1)    In any district in which dwellings are permitted, a one-family detached dwelling may be erected, enlarged or added to on any lot of official record at the effective date of this Zoning Ordinance, irrespective of its area or width, except as provided for in subsection (a)(2) hereof.
      (2)   If two or more lots, or combination of lots, or lots with continuous frontage in single ownership were of record at the effective date of this Ordinance and if all or part of the lots do not meet the requirement for lot width and area as established by this Ordinance, the land involved shall be considered an undivided parcel for purposes of this Ordinance and no portion of such parcel shall be used or sold which does not meet lot width and area requirements established by this Ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this Ordinance; provided, however, that a portion of such parcel may be sold to the owner of property abutting such parcel for the purpose of enlarging the property of the abutting owner. In such event, the portion of the parcel being sold to the abutting owner need not meet the lot width and area requirements established by this Ordinance but the portion of the parcel being retained must meet the minimum lot width and area requirements established herein.
   (b) Yard Reduction by Zoning Inspector.
      (1)   Where there were substandard lots of record at the time of effectiveness of this Ordinance in districts permitting residences, the depth of the required rear yard and/or the minimum side yard width may be reduced by up to four inches for each foot by which the lot at the effective date of this Ordinance was less than 100 feet deep and/or less than fifty feet in width where this is necessary to provide the minimum site for one single car garage on the site, twelve feet wide by twenty-two feet deep.
      (2)   Where construction or enlargement of, or addition to, a one-family detached dwelling is to be undertaken on a lot that is substandard by virtue of lot area and/or lot width under the terms of subsection (a) hereof, and the application of the yard requirements of the district within which it is located results in a space available for construction that is less than the minimum ground floor area required for a two-story dwelling (see Section 1121.06 (n)) and/or a space available for construction of the residence that is less than twenty feet in width, the depth of the required rear yard and/or the minimum width of each side yard may be reduced by up to four inches for each foot by which the lot at the effective date of this Ordinance was less than 100 feet deep and/or less than fifty feet in width, in any combination of such reductions of side and rear yards, to the point where the minimum ground floor area and the minimum construction width of twenty feet has been attained but not exceeded.
      (3)   Side yards, where reduced under subsection (b)(2) hereof, shall be reduced uniformly at both sides. Side yards shall only be reduced, under both subsections (b)(1) and (b)(2) hereof, when rear yard reduction, within the limits specified herein, cannot result in the required minimum residential ground floor building area, or the minimum twenty-foot residential construction width. Under no condition shall a side yard provided for under the terms of this section, for either a residence or a garage, be less than three feet in width, or less than five feet in the case of a side yard along a side street lot line, and provided further that no rear yard shall be less than ten feet.
   (c)   Relief by Board of Zoning Appeals.
      (1)   Where the full application of all of the reliefs provided for in subsections (a) and (b) hereof, still do not provide a minimum ground floor area and/or a minimum twenty-foot construction width, the Zoning Inspector shall so certify to the Board of Building and Zoning Appeals which will accept such certification as proof of a clear and certain hardship on the land warranting relief.
      (2)   Where the full application of all of the reliefs provided for in subsections (a) and (b) hereof, still do not provide the minimum site as specified for a single car garage, the permit for construction of the garage shall be denied. (Ord. 2012-30. Passed 7-24-12.)
 
1137.02 HEIGHT MODIFICATIONS.
   (a)   The height limitations stipulated elsewhere in this Zoning Ordinance shall not apply to the following:
      (1)   Barns, silos or other farm buildings or structures on farms; church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio towers, masts and aerials; 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 for each three feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards 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 and scenery lofts, provided no linear dimension of any such structure exceeds fifty percent (50%) of the corresponding street lot line frontage; or monuments, cooling towers, grain elevators, gas holders or other structures where the manufacturing process requires a greater height.
   (b)   All such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five percent (25%) of the area of the lot and shall be distant no less than fifty feet in all parts from every lot line.
(Ord. 1990-20. Passed 11-26-90.)
1137.03 YARD MODIFICATIONS.
   (a)   Average Depth of Front Yards. 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 prescribed elsewhere in this chapter, the required depth of the front yard on such lot shall be modified. In such case, this shall not be less than the average depth of the existing front yards on the two lots immediately adjoining, provided however, that the depth of a front yard on any lot shall be at least ten feet and need not exceed fifty feet.
   In any R District where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along such line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of twelve percent (12%) or less to a private garage conforming to the requirements of this chapter, such garage may be located within such front yard, but not in any case closer than six feet to the street line.
   Buildings on lots having frontage on two nonintersecting streets need not have a rear yard if an equivalent open space is provided however on both streets.
   (b)   Computing Rear and Side Yards. In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be, provided however, that no side yard shall be less at any point than three feet and no rear yard less than ten feet.
   (c)   Side Yard Modifications. Each side yard, where required, shall be increased in width by two inches for each foot by which the length of the side wall of the building adjacent to the side yard exceeds forty feet.
   Side yard width may be varied where the side wall of a building is not parallel with the side lot line 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 is not narrower at any point than one-half the otherwise required least width, or narrower than three feet in any case.
   A side yard along the side street lot line of a corner lot, which lot abuts in the rear either directly or across an alley, the side lot line of another lot in an R District, shall have a width of not less than one-half the required depth of the front yard on such other lot fronting the side street.
(Ord. 1990-20. Passed 11-26-90.)
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