1181.01 AREA, YARD, HEIGHT AND USE EXCEPTIONS.

   The regulations and provisions of this Zoning Ordinance shall be subject to the following exceptions:

   (a)   Permitted Height Exceptions. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain a building, and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, radio and television aerials, smokestacks, wireless masts, water tanks, windmills and similar structures may be erected above the maximum height limits established herein. No such structure shall occupy more than twenty-five percent (25%) of the total roof area of the building or be used for dwelling purposes.

   (b)   Essential Services. Essential services shall be permitted as authorized and regulated by any law of the State and other City ordinances, it being the intent of this Ordinance to exempt such essential services from the application of this Ordinance.

   (c)   Agriculture. The use of any land, consisting of at least five acres for agricultural purposes or the construction or use for agricultural purposes of buildings or structures located on such land, shall be permitted in any zoning district and no zoning certificate shall be required for any such building or structure.

   (d)   Dwelling Quarters in Nonresidential Districts. Within any nonresidential district, sleeping quarters of a watchman or caretaker may be permitted, providing such quarters are made a part and are attached as part of the main building or structure.

   (e)   Projections into Yards. Open, unenclosed and uncovered porches or paved terraces may project not more than ten feet within the minimum front or rear yard setback, but this shall not be interpreted to include or permit fixed canopies. On a corner lot, such porches or terraces may not project into any front yard which has been reduced in accordance with Section 1175.07.

   (f)   Voting Place. The provisions of this Ordinance shall not be construed so as to prohibit the temporary use of any property as a voting place in connection with a public election.

   (g)   Accessways. For the purposes of this Ordinance, any walk, terrace or other pavement surfacing, including driveways providing access to rear yards or accessory structures, and not in excess of ten inches above the finished grade, shall not be considered to be a structure and shall be permitted in any required yard.

   (h)   Established Setback Lines in Residential Districts. In any residential district, where a uniform front yard setback line has been established or observed on one side of a street within one block or for a distance of 600 feet on both sides of a lot in question, by at least fifty percent (50%) of all property, according to front footage, and such established setback is more than that required by the Ordinance for that district, then no building construction or alteration shall extend beyond the established setback line. When the established setback line is less than required by the Ordinance, the Zoning Administrator may permit the construction or alteration to extend to the established setback line.

   (i)   Construction. Nothing in this Ordinance shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this Ordinance, and upon which actual construction has been diligently carried on and provided further that such building shall be completed within one year from the date of passage of this Ordinance.

   (j)   Railroad Rights of Way. For the purposes of this Ordinance, railroad rights of way shall be permitted as authorized and regulated by State and Federal laws, it being the intent of this section to exempt railroad rights of way from the application of this Ordinance. Buildings and structures intended to be constructed within railroad rights of way shall comply with the use, area and height regulations of the district in which they are located. Spur tracks shall be extended from the existing railroad right of way to adjacent industrial districts only when they are totally within an industrial district.

   (k)   Exception to Yard Requirements. The yard requirements set forth in this Ordinance shall not apply to dwellings located above or as a part of commercial buildings.
(Ord. 86-260. Passed 12-16-86.)

   (l)   Exception for One- and Two-Family Dwellings. Nothing in this Ordinance shall prohibit an existing one- or two-family dwelling from being altered, enlarged or reconstructed, regardless of the zoning district in which it is located, provided that a nonconforming structure does not have an increase in nonconformity. In addition, the Planning Commission shall have the power to permit the construction of a one- or two-family dwelling in any district, provided the character of the area is conducive to residential development and it will not adversely affect any surrounding business or industrial property.
(Ord. 06-019. Passed 1-17-06.)

   (m)   Home Occupation in Residential Units. Regardless of the zoning district in which a dwelling unit is located, the occupant of that unit shall be permitted to have a home occupation as a conditionally permitted use in accordance with Section 1183.03.

      (Ord. 86-260. Passed 12-16-86.)