Bellefontaine Neighbors
City Zoning Code
City Zoning Code
ARTICLE XIV
Height and Area Exceptions and Modifications
Sec. 29-82 Height and area exceptions.
[Ord. No. 396 Art. XIV, 4-29-1960; Ord. No. 1454 § 1, 3-1-1990; Ord. No. 1531 § 3, 12-3-1992; Ord. No. 1563 § 1, 8-5-1993]
(a)
Height.
(1)
Public, semipublic or public service buildings, hospitals, institutions, or schools, when permitted in a district, may be erected to a height not exceeding seventy-five (75) feet, and churches and temples may be erected to a height not exceeding ninety (90) feet if the building is set back from each yard line at least one (1) foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.
(2)
Dwellings may be increased in height by not more than ten (10) feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than ten (10) feet, but no dwelling shall exceed three (3) stories in height.
(3)
Chimneys, cooling towers, elevator penthouses, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio or television towers, silos, or necessary mechanical appurtenances, may be erected to any height in accordance with existing or hereafter adopted ordinances of the city of Bellefontaine Neighbors, Missouri.
(b)
Front yards.
(1)
Where forty percent (40%) or more of the frontage is improved with buildings that have observed a front yard line having a variation in depth of not more than six (6) feet, no building shall project beyond the average front yard so established where forty percent (40%) or more of the frontage is improved with buildings that have not observed such an average front yard line as herein specified, the minimum front yard shall be established by a line drawn between the two (2) closest front corners of the existing buildings on each side and within one hundred (100) feet of the lot on which a building is to be erected; in case there is only one (1) building within one hundred (100) feet of said lot, such new building may be erected as close to the street as said existing building; provided, however, that a front yard of more than sixty (60) feet shall not be required under any of the provisions of this paragraph.
(2)
Where lots have double frontage, the required front yard shall be provided on both streets.
(3)
Walls and fences shall not be erected in a front yard. Plantings may be planted or maintained in a front yard, provided no portion of such planting is higher than three (3) feet above the established street grade if within twenty (20) feet of a street intersection.
(4)
An open porch or paved terrace may project into a required front yard for a distance of not more than eight (8) feet.
(5)
Filling station pumps and pump islands may be located within a required yard provided they are not less than fifteen (15) feet from any street line and not less than fifty (50) feet from the boundary of any residential district.
(6)
Off-street parking facilities may be located within the required front yard of any C or M district but shall not be nearer than fifty (50) feet to any R district and no off-street parking shall be permitted in the required front yard of any R district.
(c)
Side yards.
(1)
On a corner lot the width of the yard along the side street shall not be less than any required front yard on such street, provided, however, that the buildable width of a lot of record shall not be reduced to less than forty (40) feet in the R-1 or R-2 districts or to less than thirty-two (32) feet in the R-3 district.
(2)
No accessory building shall project beyond a required yard line along any street.
(3)
Where dwelling units are erected above a commercial establishment no side yard is required except when required for commercial building on the side of a lot adjoining a residence district.
(4)
A porte-cochere or canopy may project into a required side yard provided every part of such porte-cochere or canopy is unenclosed and is at least five (5) feet from any side lot line.
(5)
For the purpose of side yard regulations, a two-family dwelling or multiple dwelling shall be considered as one (1) building occupying one (1) lot.
(6)
Where a lot of record is less than fifty (50) feet in width the required side yard may be reduced to ten percent (10%) of the width of the lot, provided, however, that no side yard shall be less than three (3) feet.
(d)
Rear yards.
(1)
Where a lot abuts upon an alley, one-half (½) the alley width may be considered as part of the required rear yard.
(2)
Accessory structures may not be taller than twenty (20) feet or the height of the main building on the lot, whichever is less, nor may they have an area greater than twenty percent (20%) of the ground floor area of the main building. Accessory structures may be erected or installed only in the rear portion of a lot, i.e. areas of the lot that are:
a.
Behind the rear line of the main building on the lot, and
c.
Not within a recorded easement;
provided, however, that pursuant to the requirements of Art. V, section 29-29(b)(8) of this Zoning code, no accessory structure may be erected or installed in any residential zoning district within sixty (60) feet of the front line of the lot upon which it is located. All accessory structures must be at least ten (10) feet away from any lot line, any other accessory structure and the main building on the lot. Accessory structures shall be built, erected or installed only pursuant to a building permit issued by the city engineer and in accord with good engineering and construction practices. No accessory structure may be used for living, sleeping or housekeeping purposes nor, except for construction facilities permitted by the city engineer, occupied prior to occupancy of the main building on the lot. Provided, however, that detached storage sheds or units not exceeding one hundred fifty (150) square feet in area and no more than eight (8) feet in height may be located in the area of a lot behind the rear line of the main building and within five (5) feet of a lot line if installed or erected pursuant to a building permit issued by the city engineer and in accord with good engineering and construction practices. |
(e)
Lots and lot area. Where sanitary sewers are not connected to an approved sewerage system, every lot or tract shall have an area of not less than twenty thousand (20,000) square feet per dwelling unit and a minimum frontage of one hundred (100) feet.