The regulations in this Ordinance shall be subject to the following interpretations and exceptions:
(a) Agriculture. The use of any land for farming, the growing of crops, or the construction of buildings or structures on parcels of more than five (5) acres for agricultural purposes shall be permitted in any zoning district and no zoning certificate shall be required for any such use, building or structure.
(b) Essential Utility Services. Essential utility services such as gas, electric and telephone shall be permitted and regulated by law and other ordinances of the City of Ontario, it being the intent hereof to exempt such essential utility services from the strict application of this Ordinance.
(c) Voting Place. The provisions of this Ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with any municipal or other election. (Ord. 01-50. Passed 12-6-01.)
(d) Height Limit. The height limitations of this Ordinance shall not apply to farm buildings, chimneys, church spires, flag poles, wireless transmission towers, public monuments, rooftop wind turbines, or rooftop solar power generation systems; provided, however, that the City Planning Commission may specify a height limit for any such structure when such structure requires authorization as a conditional use. (Ord. 09-34. Passed 6-25-09.)
(e) Dwelling Quarters in Non-Residential Districts. Within any nonresidential zoning district, sleeping quarters for night watchman or caretakers may be permitted, providing such living quarters are made a part and are attached as a part of the main building or structure.
(f) Projections into Yards. Open, unenclosed and uncovered porches or paved terraces may project not more than ten feet (10’) within the minimum front or rear yard setback. On a corner lot, such porches or terraces may not project into any front yard.
(g) Construction. Nothing in this Ordinance shall be deemed to require any change in plans, construction or designated use of any building upon which actual construction has 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 (1) year from the date of passage of this Ordinance.
(h) Access through Yards. For the purposes of this Ordinance, access drives may be placed in the required front yard or side yards so as to provide access to the rear yards or accessory buildings. These access drives shall not be considered as a structure in the front and side yards. Further, any sidewalk, pathway, terrace, court or other pavement serving a like function, and not in excess of ten (10”) inches above the finished grade, shall not be considered as a structure, and shall be permitted in any required yard.
(i) 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 strict application of this Ordinance. Buildings and structures to be constructed within railroad rights-of-way shall comply with the use, area and height regulations of the zoning district in which they are located. Spur tracks will be extended within the railroad right-of-way only when they are totally within an Industrial Zoning District.
(j) Side Yards. For the purposes of determining side yard regulations, a two-family, townhouse or multiple family dwelling shall be considered as one (1) building occupying one (1) lot. When more than one (1) building is located on one (1) lot, the side yard requirement set forth in Chapter 1141, “Schedule of District Regulations”, shall still apply pertaining to the distance between structures.
(Ord. 01-50. Passed 12-6-01.)