This Article provides additional conditions and exceptions to the standards or procedures specified in all other Articles of this Code.

15.2.1

Dwelling on Small Building Site. Where a lot, which is an existing lot of record prior to the effective date of this Code, is located in an R-E, R-LD or R-MD district and contains an area less than the required building site area for the district, such lot may be used as the building site for a single-family dwelling.

15.2.2

Visibility at Intersections. Clear visibility at intersections of local, collector and arterial streets shall be maintained in accordance with Section 13.13 of this Code.

15.3.1

Height Exceptions. The height limits for the various districts shall not apply to church spires or belfries, nor to chimneys, ventilators, skylights, water tanks, parapet walls, cornices, or necessary mechanical appurtenances usually carried above the roof level, provided that such features are limited to that height necessary for their proper functioning.

15.3.2

Excess Height. In any district except the R-E and R-LD districts, a principal structure may be erected or altered to a height in excess of that specified for the district in Section 6.3 in which the structure is located provided that:

A.

Approval shall be granted by the Executive Director. However, approval may be escalated to the Metropolitan Planning Commission in accordance with Subsection 3.3.1.E.

B.

Each required front, side, and rear yard is increased 1 foot for each foot of such excess height.

C.

Where no front yard is required, the part of the structure exceeding the height specified for the district shall be set back from the vertical planes of all street lines 1 foot for each 2 feet of such excess height.

D.

The principal structure shall be located a minimum of 500 feet from the closest R-E or R-LD district boundary.

E.

If the principal structure is located nearer than 500 feet from the closest R-E or R-LD district, excess height shall be reviewed following the procedures for a Variance as stated in Section 3.6.1 of this Code. Measurement shall be taken in a straight line, without regard to intervening structures or objects, from the nearest property line of the tract requiring the variance to the nearest residentially zoned tract.

15.4.1

Front Yard Depth. In any residential district, including the R-A district, any building site lying between two adjacent building sites having dwellings erected on them shall have a front yard equal in depth at least to the average depth of the front yards of the two adjacent building sites; provided, however, that no front yard shall be less than 20 feet in depth, and no front yard shall be required to be more than 30 percent of the depth of the building site.

15.4.2

Additional Side Yard Width for Corner Lots. In any district, a corner lot abutting a lot facing toward the intersecting street shall have provided on the intersecting or side street side of the corner lot a side yard having a width equal at least to the depth of the required front yard for a structure on the lot to the rear of the corner lot.

A.

All principal and accessory structures shall be located behind this modified side yard setback line, as shown in Figure 15.4.2.

B.

This subsection shall not be applied to reduce the buildable width of the corner lot to less than 30 feet nor require a side yard of more than 20 feet. Side yards facing a Principal Arterial shall maintain a 50' setback.

C.

The provisions of this subsection shall apply if the intersecting street is undeveloped but intended for future improvement.

15.4.3

Projecting Architectural Features.

A.

Every part of a required yard shall be open and unobstructed from the ground to the sky except for permitted accessory structures and for the ordinary projections of sills; belt courses; cornices; buttresses; eaves; bay, bow, and oriel windows and similar architectural features, provided that such projections shall not extend more than 2 feet into any required yard.

B.

In the R-A, R-E, and R-LD districts, an unenclosed front porch of a residential structure may project into the required front yard by up to 10 feet.

C.

Open fire escapes may extend into any required yard not more than 3½ feet.

D.

Structures that provide accessibility for the handicapped, including uncovered ramps, shall be permitted in any setback.

15.5.1

Noise. There shall be no production by any use or occupancy of noise at any boundary of the lot that is in excess of the average intensity of street and traffic noise at that boundary.

15.5.2

Heat, Glare and Vibration. There shall be no emission by any use or occupancy of objectionable heat, glare or vibration that is humanly perceptible beyond any boundary of the lot on which the use is located.

15.5.3

Dust, Dirt, Odors, Gases, Smoke and Radiation. There shall be no emission by any use or occupancy of dust, dirt, odors, gases, smoke or radiation beyond the boundary of the lot that is:

A.

In an obnoxious or dangerous amount.

B.

That does not comply with any appropriate state and Federal statutes, codes, regulations or consent agreements.

15.5.4

Hazards.

A.

There shall not be created or maintained by any use or occupancy any unusual fire, explosion or safety hazard beyond the boundary of the lot on which the use or occupancy is located.

B.

Adequate security fencing or other barriers shall be provided to prevent intrusion into outdoor storage areas containing substances having associated fire, explosion or safety hazards.

15.5.5

Wastes. No materials or waste shall be stored in such a manner that they may be transferred off the lot by natural forces or causes.

15.5.6

Hours of Operation.

A.

Commercial Districts.

1.

In the B-1; Commercial Office District, no commercial or service establishment shall be open before 6:00 a.m. and after 7:00 p.m.

2.

In the B-2; Limited Business District, no commercial or service establishment shall be open before 6:00 a.m. and later than 12:00 midnight.

15.5.7

Limited and Extended Hours of Operation.

A.

Retail and Service establishments in the B-2 and B-3 zoning classifications when located within 300' of a residentially zoned property other than the R-A, are limited in hours of operation. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the residentially zoned property. The limited hours of operation are as follows:

1.

In the B-2; Limited Business District, no retail or service establishment shall be open for business before 6:00 a.m. or after 10:00 p.m.

2.

In the B-3; General Business District, no retail or service establishment shall be open for business before 6:00 a.m. or after 12:00 a.m.

B.

Retail and Service establishments desiring to be open longer than the above stated hours may be permitted as a Conditional Use as described in Section 3.3.2, subject to any or all of the following conditions:

1.

Extended hours of operation in the B-2; Limited Business District is limited to 12:00 a.m.

2.

Public hearing notification shall follow the same procedure as for a Zoning Amendment.

3.

Parking areas shall be configured or screened so as to prevent vehicular headlights from shining into nearby residentially zoned property. Landscaping buffers and screening shall be maintained in accordance with Article 13.

4.

Deliveries and trash pickup shall be only permitted between the hours of 7:00 a.m. and 9:00 p.m.

5.

All exterior site and building lighting shall comply with requirements of Article 12.

6.

Ingress and egress drives and primary circulation lanes shall be located away from residential areas where practical; to minimize vehicular traffic and noise which may be a nuisance to adjacent residential areas.

7.

All building entrances and exits intended to be utilized by patrons shall be located on the side or sides of the building, which do not abut residentially zoned property, whenever possible, to minimize the potential for patrons to congregate and created noise which may become a nuisance to adjacent residential property.

8.

For any Conditional Use approval for extended hours of operation, the Planning Commission may limit hours of operation during certain days of the week, month, or year as deemed necessary to protect the surrounding residential property.