GENERAL EXCEPTIONS
The regulations in this article shall be subject to the following interpretations and exceptions:
(1)
Essential services. Essential services shall be permitted as authorized and regulated by law and other ordinances of the city, it being the intent hereof to exempt such essential services from the application of this article.
(2)
Voting place. The provisions of this article 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.
(3)
Height limit. The height limitations of this article shall not apply to farm buildings, chimneys, church spires, flagpoles, public monuments or wireless transmission towers; provided, however, that the board of appeals may specify a height limit for any such structure when such structure requires authorization as a use permitted subject to special conditions or under section 50-453.
(4)
Lot area. Any lot existing and of record at the effective date of the ordinance from which this article is derived may be used for any principal use (other than uses permitted subject to special conditions for which special lot area requirements are specified in this article) permitted in the district in which such lot is located, whether or not such lot complies with the lot area requirements of this article, provided that all requirements other than lot area requirements prescribed in this chapter are complied with, and provided that not more than one dwelling unit shall occupy any lot except in conformance with provisions of this article for required lot area for each dwelling unit.
(5)
Lots adjoining alleys. In calculating the area of a lot that adjoins an alley or lane, for the purpose of applying lot area requirements of this article, one-half the width of such alley abutting the lot shall be considered as part of such lot.
(6)
Yard regulations. When yard regulations cannot reasonably be complied with, as in the case of a planned development in the multiple-family district, or where their application cannot be determined on lots existing and of record on the effective date of the ordinance from which this article is derived and on lots of peculiar shape, topography or due to architectural or site arrangement, such regulations may be modified or determined by the board of appeals.
(7)
Porches, terraces and decks. An enclosed and uncovered porch (i.e., one which is not roofed over) or paved terrace or deck may project into a required front yard or rear yard for a distance not exceeding eight feet. Paved terraces or decks not exceeding 24 inches in height may project into a required side or rear yard not to exceed a depth of 30 percent of the depth of the required side or rear yard.
(8)
Projections into yards. Architectural features such as, but not limited to, window sills, cornices, eaves, bay windows may extend or project into a required side yard not more than two inches for each one foot of width of such side yard and may extend or project into a required front yard or rear yard not more than three feet. Architectural features shall not include those details which are nominally demountable.
(9)
Multiple dwelling side yards. For the purpose of side yard regulations, a two-family terrace, a row house or any multiple dwelling shall be considered as one building occupying one lot.
(Ord. No. 96-5, § 1600, 3-5-1996)
GENERAL EXCEPTIONS
The regulations in this article shall be subject to the following interpretations and exceptions:
(1)
Essential services. Essential services shall be permitted as authorized and regulated by law and other ordinances of the city, it being the intent hereof to exempt such essential services from the application of this article.
(2)
Voting place. The provisions of this article 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.
(3)
Height limit. The height limitations of this article shall not apply to farm buildings, chimneys, church spires, flagpoles, public monuments or wireless transmission towers; provided, however, that the board of appeals may specify a height limit for any such structure when such structure requires authorization as a use permitted subject to special conditions or under section 50-453.
(4)
Lot area. Any lot existing and of record at the effective date of the ordinance from which this article is derived may be used for any principal use (other than uses permitted subject to special conditions for which special lot area requirements are specified in this article) permitted in the district in which such lot is located, whether or not such lot complies with the lot area requirements of this article, provided that all requirements other than lot area requirements prescribed in this chapter are complied with, and provided that not more than one dwelling unit shall occupy any lot except in conformance with provisions of this article for required lot area for each dwelling unit.
(5)
Lots adjoining alleys. In calculating the area of a lot that adjoins an alley or lane, for the purpose of applying lot area requirements of this article, one-half the width of such alley abutting the lot shall be considered as part of such lot.
(6)
Yard regulations. When yard regulations cannot reasonably be complied with, as in the case of a planned development in the multiple-family district, or where their application cannot be determined on lots existing and of record on the effective date of the ordinance from which this article is derived and on lots of peculiar shape, topography or due to architectural or site arrangement, such regulations may be modified or determined by the board of appeals.
(7)
Porches, terraces and decks. An enclosed and uncovered porch (i.e., one which is not roofed over) or paved terrace or deck may project into a required front yard or rear yard for a distance not exceeding eight feet. Paved terraces or decks not exceeding 24 inches in height may project into a required side or rear yard not to exceed a depth of 30 percent of the depth of the required side or rear yard.
(8)
Projections into yards. Architectural features such as, but not limited to, window sills, cornices, eaves, bay windows may extend or project into a required side yard not more than two inches for each one foot of width of such side yard and may extend or project into a required front yard or rear yard not more than three feet. Architectural features shall not include those details which are nominally demountable.
(9)
Multiple dwelling side yards. For the purpose of side yard regulations, a two-family terrace, a row house or any multiple dwelling shall be considered as one building occupying one lot.
(Ord. No. 96-5, § 1600, 3-5-1996)