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Belle Fourche City Zoning Code

CHAPTER 17

22 - EXCEPTIONS

17.22.001 - [Intent.]

The standards in this chapter are intended to provide exceptions to specific zoning district regulations.

(Ord. 7-2015, 2-3-2016)

17.22.010 - Structures permitted in required yards.

A.

Awnings and canopies. If the awning or canopy is erected over any sidewalk there must be at least nine (9) feet of clearance between the sidewalk and the lowest point of the awning/canopy. The awning/canopy may extend a distance equal to two-thirds the width of the sidewalk, but in no case exceeding a distance of ten (10) feet;

B.

Bay windows and chimneys not to exceed two (2) feet;

C.

Driveways, curbs, sidewalks, and steps. Non-enclosed, uncovered steps or stairs to a dwelling shall not extend more than ten (10) feet into front and rear yards and two (2) feet into side yards;

D.

Fences, walls, and hedges;

E.

Flagpoles;

F.

Non-permanent garbage disposal equipment;

G.

Landscape features, planting boxes, and recreational equipment;

H.

Overhanging roof, eave, gutter, cornice, or other architectural features not to exceed two (2) feet into any required setback;

I.

Open fire escapes may extend into any required yard not more than six (6) feet and not encroach onto any adjoining properties;

J.

Required parking spaces;

K.

Signage;

L.

Terraces (open/covered) and porches (covered/uncovered) not to exceed six (6) feet into front and rear yards. Open terraces and uncovered porches not to exceed ten (10) feet into front and rear yards;

M.

Trees, shrubs, flowers, and plants;

N.

ADA ramps.

(Ord. 7-2015, 2-3-2016)

17.22.020 - Vision obstructions.

The following regulations provide for the maximum safety of persons using sidewalks and streets.

A.

Vision obstruction—Corner lots. On any corner lot where a front and side yard is required, no wall, fence, sign, structure, or any plant growth which obstructs sight lines at elevations between two and one-half (2½) feet and ten (10) feet above the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of twenty-five (25) feet along the front and side lot lines and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street intersections.

B.

Vision obstruction—Interior lots. In any required front yard, no fence, wall, hedge or yard ornament shall be permitted which materially impedes vision across such yard above the height of three and one-half (3½) feet.

(Ord. 7-2015, 2-3-2016)

17.22.030 - Setbacks.

A.

Setback exceptions—Average setback more than twenty-five (25) feet. In residential districts, if twenty-five (25) percent or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings all of which have observed an average setback line of greater than twenty-five (25) feet, and no building varies more than five (5) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback, so established by the existing buildings, but this regulation shall not require a front yard of a greater depth than fifty (50) feet.

B.

Setback exceptions—Average setback less than twenty-five (25) feet. In a residential district, if fifty (50) percent or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings all of which have observed an average setback of less than twenty-five (25) feet and no building line varies more than five (5) feet from this average setback line, then a building may be erected observing the average setback line so established.

C.

Front yard setback requirements—Narrow street. Where the dedicated street right-of-way is less than fifty (50) feet, the depth of the front yard shall be measured starting at a point twenty-five (25) feet from the centerline of the street easement.

D.

Accessory buildings in the Rural Residential and Agricultural District. Accessory buildings may extend into the front yard of lots greater than two (2) acres in the Rural Residential District and Agricultural District if the following requirements are met: the building shall be a minimum of three hundred (300) square feet in area; the building shall be a maximum of one thousand (1,000) square feet in area; the building shall be a permanent structure; and, the building shall have an exterior that is aesthetically similar in texture and appearance, and is compatible with the exterior of the dwelling on the same site. However, no accessory structure may extend into the required front yard setback of the primary structure.

(Ord. 7-2015, 2-3-2016)

17.22.040 - Multiple principal structures on one lot in the highway commercial, light industrial, and heavy industrial districts.

No more than one principal structure shall be constructed or moved onto any one lot of land unless that lot could be subdivided so that each principal structure and accessory structures thereto would be on a subdivided lot in which in all respects would conform to the minimum dimensional requirements for the particular zone where situated.

(Ord. 7-2015, 2-3-2016)

17.22.050 - Height.

The following structures or parts thereof are exempt from the height limitations set forth in this ordinance:

A.

Agricultural buildings, including barns, silos, and windmills, but not dwellings;

B.

Chimneys, smokestacks, penthouses, spires, flagpoles, ventilators, skylights, derricks, conveyors, and cooling towers;

C.

Radio and television antennae and towers, observation towers, and power transmission towers;

D.

Water tanks and standpipes;

E.

Other similar and necessary mechanical appurtenances pertaining to and necessary to the permitted uses of the district in which they are located, provided that they are not used for human occupancy.

F.

Public buildings. Churches, schools, hospitals, sanatoriums, and other public buildings may exceed the height limitations of the district if the minimum depth of the required front, side, and rear setbacks is increased one foot for each two (2) feet by which the height of such public structure exceeds the prescribed height limit.

(Ord. 7-2015, 2-3-2016)