This article is established to provide relief from unnecessary hardships that may occur from the application of this ordinance to a specific piece of property. Further, it is intended to provide for the establishment of group project developments that could not reasonably adhere to the provisions of this ordinance. Any person or other legal entity desiring to come within exceptions and modifications set forth in article XIII shall make applications to the Planning and Zoning Commission, who shall make an investigation of such application and make a recommendation to the City Council to either approve or disapprove the applications. The City Council shall either approve or disapprove such applications. The City Council may place such conditions it deems advisable to the approval of such application.

Where the owner of a plot of land consisting of one or more adjacent lots of record at the time of the enactment of this ordinance did not at that time own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this ordinance, or if the topography, physical shape or other unique feature of such lots of record prevent reasonable compliance with the setback or other requirements of this ordinance, such plot of land may nevertheless be used as a building site. The yard and other space requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit reasonable use of the property as a building site; however, in no case shall the building inspector permit any lot in a residential district to be used as a building site which is less than 4,000 square feet in total area, 25 feet in width, or has front, side and rear yard setbacks of less than 15 feet (front), three feet (side), and five feet (rear), respectively.

The front yard setback requirements of this ordinance for dwellings shall not apply on any lot where the setback of an existing building or buildings located wholly or in part within 100 feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is less than the required minimum setback. In such cases, the setback on such lots may be less than the required setback but not less than the average of the setbacks of the aforementioned existing buildings.

The height limitations of this ordinance shall not apply to church spires, belfries, cupolas, domes, and similar structures not intended for human occupancy, nor to monuments, water towers, transmission towers, chimneys, smokestacks, derricks, conveyors, flagpoles, radio or television towers, or aerials, except in the vicinity of airports.

The side yard setback requirements for corner lots shall be the same as the front setback requirements for the next adjacent lot fronting on the street that the side yard of the corner lot faces.

In all use districts except the General Commercial District (C-2), no fences, walls, shrubbery, or other obstructions (excluding traffic and street signs) to vision between the heights of three feet and 15 feet shall be permitted within 20 feet of the intersection of the right-of-way lines of streets or railroads.

A group project (housing, commercial, industrial, educational, medical, religious, civic) of two or more buildings to be constructed on a plot of land of at least two acres not subdivided into customary streets and lots, and which will not be so subdivided, may be constructed provided:

136.1.

Uses are limited to those permitted within the district in which the project is located.

136.2.

The overall intensity of land use is no higher and the standard of open space is no lower than that permitted in the district in which the project is located.

136.3.

Building heights do not exceed the height limits permitted in the district in which the project is located.

136.4.

The distance of every building from the nearest property line shall meet the front yard setback and side yard requirements of the district in which the project is located.

136.5.

If the project is a planned shopping center, it shall be located on a major thoroughfare.

136.6.

Off-street automobile parking space requirements for the proposed uses are provided for on the lot as specified by article VII, section A-71.

136.7.

If the project lies within or abuts upon a residential district, there shall be a ten-foot-wide, appropriately planted buffer strip along the rear and side lot lines abutting the residential properties.

The City Council, after a review of an application and public hearing thereon, may grant a special exception to permit one additional single-family dwelling, or manufactured home on the same lot or parcel of land as that of the main dwelling provided that:

137.1.

Each additional dwelling conforms to the minimum lot area, minimum width and maximum lot coverage requirements for such dwellings as set forth in section A-111 and conforms to the setback requirements as set forth in section A-111.

137.2.

The arrangement of such additional dwellings are in such a manner that if the lot or parcel of land is ever subdivided, no nonconforming lots or nonconforming buildings are created; and

137.3.

Each additional dwelling or manufactured home has access to a public street by means of an unobstructed passageway of at least 15 feet in width.

137.4.

Special exceptions to permit manufactured homes as an additional dwelling on a single lot shall be effective for a period of one year and may be renewed by the City Council.

Animals may be kept in the residential districts subject to the district regulations and the following conditions:

138.1.

The minimum lot area upon which a horse or pony may be kept in a residential district is one horse per one acre.

138.2.

The minimum lot area upon which fowl may be kept is one acre. The maximum number of fowl that may be kept is ten fowl per one acre.

138.3.

A maximum number of four dogs and four cats may be kept in a residential district.

A fence or wall not exceeding a height of six feet shall be permitted in all districts without a permit from the City Council. Any fence or wall exceeding six feet in height except for such fences or walls located in I-1 Light Industrial; and I-2 Heavy Industrial District, or fences or walls serving public utility or recreational areas must have the approval of the City Council. Any fence or wall allowed may extend up to and adjacent to a public right-of-way, except for arterial or collector streets where the setback shall be ten feet so long as the allowed fence or wall does not interfere with vision clearance of vehicular traffic or constitute an obstruction to vision which, in the discretion of the City Council, would create a condition hazardous or dangerous to the general public. All fences or walls shall also meet the approval of the City Engineering Department and shall be removed at the owner's expense when required for public improvements to rights-of-way.