A. EXCEPTIONS TO HEIGHT LIMITS:
1. The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, chimneys, smoke stacks, radio and television towers, conveyers, flag poles, masts and aerials, penthouses, scenery lofts, standpipes, parapet walls, outdoor theater screens, other related structures and necessary mechanical appurtenances; provided their construction is in accordance with existing or hereafter adopted ordinances of the City of Newport, Commonwealth of Kentucky, and is acceptable to the Federal Aviation Agency and the Federal Communication Commission.
2. In the districts where permitted as conditional uses, public or semipublic buildings or hospitals may be erected to a height not exceeding seventy five (75) feet when the front, side and rear yards are increased an additional foot for each foot such buildings exceed the maximum height permitted in that district.
B. AREAS EXCEPTIONS:
1. For the purpose of side yard regulations the following dwellings with common party walls shall be considered as one (1) building occupying one (1) lot: Two family and multi family dwellings.
2. In the case of multi family dwellings, side yards may be used as rear yards provided that:
a. The required side yard shall be increased by one (1) foot for each entrance or exit opening into or served by such yard.
b. The width of the court shall not be less than two and one half (2 1/2) time the width of the side yard as required in the district in which such court apartments or multi dwellings are located.
c. Where a roadway is provided in the court, the width allowed for such roadway shall be in addition to that required in the foregoing regulation.
d. All other requirements, including front, side and rear yards shall be complied with in accordance with the regulations of the district in which such court apartments or multi family dwellings, are located.
e. Every part of a required minimum yard or court shall be open from its lowest point to the sky unobstructed, except for permitted obstructions in minimum required yards as specified in Section 9.10 (G) of this Ordinance.
C. OTHER EXCEPTIONS: Service stations or gasoline filling stations shall be so constructed that the center lines of the pumps shall be at least twenty five (25) feet from any street right of way lines.
D. FRONT YARD VARIANCE:
1. In any zone where the average depth of existing front yards within three hundred (300) feet of the lot in question and within the same block front, is greater than the minimum front yard depth prescribed elsewhere in this ordinance, the required minimum front yard depth on such lot shall be modified to be the average depth of said existing front yards provided, however, that the depth of the front yard on and such lot shall not be greater than sixty (60) feet.
2. In any residence zone, no front yard shall be required to exceed the average depth of existing front yards on lots abutting on each side of the street, or the average depth of existing front yards on the same side of the street within the same block and within two hundred (200) feet when fifty one percent (51%) or more of said lots are improved with residence buildings, whichever is greater; provided that in no case shall a front yard be less than twelve (12) feet.
E. INDUSTRIAL AND COMMERCIAL AREAS: Existing permitted uses and existing conditionally permitted uses located in industrial zones (I 1 AND I 2) and commercial zones (CBD, CBDF, RFD, SC, NC, and PO) may be enlarged although the minimum required lot area for said use is less than required by this Ordinance, provided that site plans are submitted and approved by the zoning administrator. Such expansion may only be permitted if all other applicable requirements of this Ordinance are complied with.