Bellevue City Zoning Code
ARTICLE XVIII
General Exceptions
§ 155-18.01 Area, height and use exceptions.
The regulations in this chapter shall be subject to the following interpretations and exceptions.
§ 155-18.02 Essential services.
Essential services serving the Village and essential transportation services authorized by state and federal law shall be permitted as authorized and regulated by law and other ordinances of the Village.
§ 155-18.03 Voting place.
The provisions of this chapter shall not be construed so as to interfere with the temporary use of any property as a voting place in connection with a public election.
§ 155-18.04 Height limit.
The height limitations of this chapter shall not apply to farm buildings, chimneys, church spires, flag poles, public monuments, wireless transmission towers or approved wireless communication towers; provided, however, that the Board of Appeals may specify a height limit for any such structure when such structure required authorization unless otherwise specified in this chapter.
§ 155-18.05 Lot area.
Any lot existing and of record on the effective date of this chapter may be used for any principal use permitted in the district in which such lot is located, provided the development of such lot meets setback requirements.
§ 155-18.06 Lots adjoining alleys.
In calculating the area of a lot that adjoins an alley for the purpose of applying lot area and setback requirements of this chapter, 1/2 the width of such alley abutting the lot shall be considered as part of such lot.
§ 155-18.07 Agricultural buildings and structures.
Agricultural buildings and structures in AG Districts, other than dwellings, shall be exempt from requirements for building permits and certificates of occupancy.
§ 155-18.08 Yard regulations.
When yard regulations cannot reasonably be complied with, or where their applications cannot be determined 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.
§ 155-18.09 Porches and decks.
An open, unenclosed and uncovered porch or paved terrace may project into a required front yard for a distance not exceeding 10 feet and in no instance shall such projection be closer than six feet to a front lot line. Decks not exceeding 24 inches in height above the grade upon which placed may project into a required side or rear yard not to exceed a depth of 30% of the depth of the required side or rear yard.
§ 155-18.10 Access through yards.
For the purpose of this chapter, access drives may be placed in the required front or side yards so as to provide access to rear yards or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Further, any walk, terrace or other surface servicing a like function, and not in excess of 12 inches above the grade upon which placed, shall, for the purpose of this chapter, not be considered to be a structure, and shall be permitted in any required yard.
§ 155-18.11 Projections into yards.
Architectural features, including gutters, soffits, eaves, cornices, and roof overlaps, 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.
Bay windows, chimneys, cantilevered floors, and other similar projections of up to 10 feet in length, and not occupying more than 30% of the length of the wall on which they are located, may project into required side yards not more than two inches for each one foot of width of such side yard (up to a maximum of two feet of projection), and may project into a required front or rear yard not more than three feet.
§ 155-18.12 Yard exceptions.
A.
Front yards.
(1)
Except for existing alignment of building setbacks, in any residential district, the front yard requirements of a lot may be modified by the Zoning Administrator so as to equal the average depth of existing developed front yards on lots within 100 feet of the lot and within the same block front. The front depth shall not be less than 10 feet and in no such instance shall encroachment by a porch or paved terrace be located closer than six feet to a front lot line.
B.
Side yards.
(1)
On lots with a width of less than 60 feet and recorded as less than 60 feet prior to the date of adoption of this chapter the minimum width of each of the side yards shall be five feet, except side street yards shall be a minimum width of 10 feet.
C.
Rear yards.
(1)
Rear yards can be reduced in the following cases.
(2)
In all residential districts, any platted and recorded lot less than 120 feet deep may have four inches deducted from the required rear yard depth for every foot the lot is less than 120 feet deep. No rear yard shall be less than 10 feet deep.
D.
All yards.
(1)
When determining yard types for setback purposes, any wall of any building can be the front, rear, or side so long as the rear is opposite the front and the sides are opposite to each other. The address side of the lot shall be considered the front yard side of the lot unless otherwise determined by the Board of Appeals.