The regulations in this chapter shall be subject to the following interpretation 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 intention hereof to exempt such essential services from the application of this chapter.

(2)

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.

(3)

Height limit. The height limitations of this chapter shall not apply to chimneys, church spires, flagpoles, public monuments or transmission towers; provided, however, that the zoning board of appeals may specify a height limit for any such structure when such structure requires authorization as a conditional use. Provided further that the height limitation shall apply to roof mounted satellite reception antennas, the installation of which is subject to approval by the zoning board of appeals as set forth in subsection (7).

(4)

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 there application cannot be determined on lots existing and of record at the time this chapter became effective and on lots of peculiar shape, topography or due to architectural or site arrangement, such regulations may be modified by the zoning board of appeals.

(5)

Terraces. An open, unenclosed paved terrace may project into a front yard for a distance not exceed ten (10) feet, but this shall not be interpreted to include or permit fixed canopies.

(6)

Projections into yards. Architectural features, not included vertical projections, may extend or project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard; and may extend or project into a required front yard or rear yard not more than three (3) feet. Architectural features shall not include those details which are normally demountable.

(7)

Height exceptions, rooftop equipment. Penthouse or rooftop structures for the housing of elevators, stairways, tanks, heating and air conditioning equipment, and other similar apparatus may be erected above the height limits of the zoning district in which located after the zoning board of appeals, upon review of the plans, finds that the plans meet the following conditions:

a.

All rooftop equipment and apparatus shall be housed in a penthouse or structure constructed of the same type of building material used in the principal structure.

b.

The penthouse and structures shall be set back from the outermost vertical walls or parapet of the principal structure a distance equal to at least two (2) times the height of such penthouse or structure. The height of such penthouse or structure shall in no instance exceed fifteen (15) feet.

c.

Such penthouse or structure shall not have a total floor area greater than fifteen (15) percent of the total roof area of the building.

d.

For purposes of this section, a roof mounted reception antennas facility shall be considered as a rooftop structure, subject to the conditions of subsections (7)a, b and c, above; provided, however, in the instance of roof mounted reception antenna facility only, review of the proposed plans shall be by the city planning commission which may permit a modification of subsection (7)a., under the following circumstances:

1.

Screening may be exempted if and to the minimum extent such exemption is demonstrated to be necessary in order to provide adequate reception. Further, screening may be accomplished by a structure constructed of a material other than that of the principal building when the planning commission determines that the proposed screening material is reasonably compatible with the building material used in the principal building taking into consideration color, texture, and other related factors.

2.

The applicant shall submit such information as may be required by the planning commission to permit the planning commission to define directional aspects relative to signal reception.

(8)

Zoning controls as related to historic buildings. The height, bulk, setback, density and area regulations set forth in section 24-196, the off-street parking and loading regulations, and the general provisions as they relate to the main building and accessory structures may be waived when such buildings or premises have, upon request of the owner, been designated by the city commission as historic buildings or buildings of architectural value and when it has been demonstrated to the city commission that it is necessary to depart from such regulations and provisions. In reviewing a request for a variance from the regulations and provisions above stipulated, the city commission shall act only after the following conditions have been fully satisfied:

a.

A site plan of the proposed preservation or restoration project has been submitted to, and reviewed by the planning commission and all points of conflict have been itemized by the planning commission in a written report to the city commission.

b.

The city commission shall, after a full review is made of all competent evidence submitted, determine that it is necessary to accomplish, encourage and promote the purposes and objectives of restoration or preservation of historic buildings or buildings or architectural value.

(9)

Fire districts as related to historical buildings. The provisions of the building code relating to construction, repair, alterations, enlargement and moving of buildings or structures in fire districts established by such code, shall not apply to buildings or structures designated as historic buildings or buildings of architectural value when the director of public safety certifies to the city commission that, in his opinion, such building or structure and character of construction will not materially increase the danger from fire, and that such act will accomplish, encourage and promote the purposes and objectives set forth by the historic commission.

(10)

Recreational facilities in one-family dwelling districts.

a.

Structures for recreational purposes including but not limited to tennis courts, swimming pools, racquetball courts and such similar uses, ancillary to a residential use, may be located in that portion of a front or side yard of a one-family dwelling district (A-1 through A-6) that exceeds the minimum required yard setback if the planning commission, at the time approval is sought, finds all the following conditions to exist:

1.

The lot or parcel in question is peculiar in shape, contains major topographic problems, or has a major stand of trees so that any one (1) of these conditions would make sound physical development of the improvement difficult to accomplish in the rear yard.

2.

Placement in the front or side yard allows for the greatest preservation of the natural setting.

3.

Placement in the front or side yard allows for the greatest protection of the abutting residential land as it relates to uninterrupted views, privacy and from potential noise emanating from the proposed use area.

4.

Placement in the front yard shall be permitted only where the front yard is at least three (3) times greater in depth than the minimum setback requirement.

b.

The applicant shall be required to submit the following materials with the application to the planning commission:

1.

A property line survey map of the lot or parcel in question, prepared by a registered land surveyor. The drawing shall be prepared at a scale of one (1) inch equals fifty (50) feet including:

i.

Topography shall be superimposed on the property line map drawn with contour interval of not greater than two (2) feet.

ii.

All existing building and structure outlines shall be superimposed on the drawing showing the topography.

iii.

The proposed plan shall be superimposed on a print containing all data required above.

iv.

No part of the structure, except fencing and ancillary appurtenance of the principal use, shall be more than one (1) foot above ground.

2.

The plan shall show all proposed grading and shall include complete details of the proposed improvement.

c.

The chief building inspector shall not issue a permit to erect a recreational structure until the planning commission has approved the plan.

d.

The planning commission shall fix a time for hearing on the application for approval of the recreation plan. The planning commission shall give due notice of the hearing to the petitioner and to other owners of record of property within three hundred (300) feet of the premises in question, as shown by the records of the city assessor's office, who may be interested under the provisions of this chapter.

e.

Fees for review of site plans shall be established by a resolution of the city commission.

(Ord. No. 188, § 1500, 11-8-83; Ord. No. 197, § 1, 5-14-85; Ord. No. 203, § 4, 7-8-86)