(a) Area, Height and Use Exceptions. The provisions of this Zoning Code shall be subject to the following interpretations and exceptions. (1975 Code § 5.151)
(b) Essential Services. Essential services as strictly defined herein shall be permitted as authorized and regulated by law and other ordinances of the City, it being the intention hereof to exempt such essential services from the application of this Zoning Code. (1975 Code § 5.152)
(c) Voting Places. The provisions of this Zoning Code shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a Municipal or other election. (1975 Code § 5.153)
(d) Height Limits. The height limitations of this Zoning Code shall not apply to farm buildings, chimneys, church spires, elevator or stairwell rooftop bulkheads, flagpoles, or public monuments, provided, however, that the Board of Zoning Appeals may specify a height limit for any such structure when such structure requires authorization as a conditional use. The height of wireless communication towers and equipment shall be regulated by Chapter 1280. (1975 Code § 5.154) (Ord. 514. Passed 9-2-14.)
(e) Lot Area. Any lot existing and of record on the effective date of this Zoning Code may be used for any principal use, other than conditional uses for which special lot area requirements are specified in this Zoning Code, permitted in the district in which such lot is located, whether or not such lot complies with the lot area requirements of this Zoning Code, except as provided in Section 1278.02. Such use may be made, provided that all requirements other than lot area requirements prescribed in this Zoning Code are satisfied, and provided that not more than one (1) dwelling unit shall occupy any lot except in conformance with the provisions of this Zoning Code for the required lot area for each dwelling unit. (1975 Code § 5.155)
(f) Lots Adjoining Alleys. In calculating the area of a lot that adjoins an alley for the purpose of applying lot area requirements of this Zoning Code, one-half the width of such alley abutting the lot shall be considered as part of such lot. (1975 Code § 5.156)
(g) Yard Regulations. When yard regulations cannot reasonably be complied with, or where their application cannot be determined on lots of peculiar shape or topography or due to architectural or site arrangement, such regulations may be modified or determined by the Board of Zoning Appeals. (1975 Code § 5.157)
(h) Projections into Yards. Architectural features, not including vertical projections, may extend or project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard, and may extend or project into a required front yard or rear yard not more than three (3) feet. (1975 Code § 5.159)
(i) Access Through Yards. For the purpose of this chapter, access drives may be placed in the required front or side yards to provide access to rear yards and accessory or attached structures. These drives shall not be considered structural violations in front and side yards. Further, any walk, terrace or other pavement serving a like function, and not over nine (9) inches above the grade upon which placed, shall, for this chapter, not be considered a structure, and shall be permitted in any required yard. (1975 Code § 5.160)
(j) Lots Having River Frontage. Those residential lots and parcels having river frontage and abutting a public thoroughfare shall maintain the yard on the river side as an unobscured open yard, except that a covered and uncovered boat well shall be permitted after review and approval of plans by the Board of Zoning Appeals. Accessory structures shall be permitted in the setback between the abutting road right-of-way and the main building, provided the front yard setback required in Appendix I, Schedule of Regulations, is met. (1975 Code § 5.161) (Ord. 566. Passed 9-6-22.)