§ 190.332 AREA, HEIGHT AND USE EXCEPTIONS.
   The regulations in this chapter shall be subject to the following interpretations and exceptions.
   (A)   Essential services. Essential services 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 chapter.
   (B)   Voting place. The provisions of this chapter 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 public election.
   (C)   Height limit. The height limitations of this chapter shall not apply to chimneys, church spires, flag poles or public monuments.
   (D)   Lots adjoining alleys. In calculating the area of a lot that adjoins a vacated alley or lane, for the purpose of applying lot area requirements of this chapter, one-half the width of such alley abutting the lot shall be considered as part of such lot so long as the alley is part of the same subdivision as the lot.
   (E)   Multiple-dwelling side yard. For the purpose of side yard regulations, a two-family, a terrace, a row house or a multiple dwelling shall be considered as one building occupying one lot.
   (F)   Projections into required open spaces.
      (1)   Outside stairways, fire escapes, vestibules, balconies, decks and similar projections from a wall of a building and detached decks extending more than two feet above the established grade shall not extend into any required yard. A landing required for exit from a building of a maximum area of ten square feet is allowed.
      (2)   Fences, walls, chimneys, bay windows or other obstructions more than four feet above the established grade required for the proper maintenance of the land, may occupy parts of the side yard but may not extend more than 16 inches.
      (3)   (a)   Accessory buildings not over 17 feet in height to the ridge line may occupy part of the rear yard, but not a side yard.
         (b)   Such occupancy shall not exceed 40% of the total rear yard in a residential district.
         (c)   Accessory buildings attached to a principal building shall be treated as a principal building.
         (d)   In a business district or industrial district, accessory buildings, if not used for dwelling purposes, may occupy only the lot coverage area allowed for the principal building.
      (4)   Unenclosed vehicle storage or loading space may occupy parts of a side or rear yard and the area thus used shall not be computed in the total percentage of lot coverage as long as it remains unenclosed.
      (5)   Structures four feet in height or less shall not be considered in computing maximum per cent of lot coverage in residential districts.
      (6)   An unenclosed terrace porch may project six feet into a required front yard and may include a fixed canopy or awning, but this shall not be interpreted to include enclosed sides. An existing porch within a required front yard or required side yard may be replaced, but may not be extended any closer to the front or side property line. To construct or replace a deck or porch with an area enclosed below the floor level with an access door for storage, a four-inch wide by 24-inch deep ratwall or a four-inch concrete floor slab is required.
      (7)   (a)   No more than two of the following type vehicles may be parked and/or stored in permitted areas on residential lots:
            1.   Recreational type vehicles including travel trailers;
            2.   Non-recreational type vehicles including travel trailers;
            3.   Motor homes (but not converted buses);
            4.   Boats with trailers; and
            5.   Snowmobiles with trailers.
         (b)   Such parking and storage of said vehicles is allowed only in a rear yard. The rear yard shall be as defined in this chapter and is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building. Any vehicle under this section may only be parked or stored on a hard surface (such as concrete, blacktop or other comparable surfaces, but not gravel). Any other vehicle not described above must be housed in a garage when not in use.
      (8)   (a)   Private swimming pools shall not encroach on any front yard or required side yard.
         (b)   A wall of a swimming pool shall not be located less than four feet from any rear or side property line or five feet from any street property line, or ten feet from any transmission line.
         (c)   When a swimming pool is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said swimming pool shall not be located closer to the street side lot line than the existing front yard setback of the lot to the rear; provided, the setback need not exceed ten feet.
      (9)   Mechanical equipment installed outside of one- or two-family dwellings and their attached structures shall not be installed in any front and/or side yard and shall be installed behind the structure and a minimum of five feet from the property line.
(Prior Code, App. A, § 2500) (Ord. 1277, passed 4-2-2007; Ord. 1422, passed 3-14-2016)