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Burkittsville City Zoning Code

SECTION 9

11 Exceptions And Modifications

  1. Lot Of Record. When a lot which is an official lot of record at the time of adoption of this ordinance does not comply with the area, yard or other requirements of this ordinance, an application may be submitted to the Board of Appeals for a variance from the terms of this ordinance in accordance with the procedure outlined in Section 9.02(e) and the requirements for variances under Section 9.02(f). Such a lot may be used as a building site, provided, however, that the yard and other requirements of the District are complied with and in accordance with the requirements for the granting of variances in Section 9.02(f).
  2. Exceptions To Yard Requirements.
    1. Allowable Projections Of Structure Into Yards And Other Exceptions To Yard Requirements. Architectural features of buildings such as windowsills, cornices, roof overhangs, and unenclosed porches or decks, may project into required yards by no greater than six (6) feet. Open fire escapes, fireproof outside stairways, chimneys and flues may project into the required yard not more than six (6) feet. Ground floor terraces or patios may extend into the rear yard, not, however, to within six (6) feet of either side lot line.
    2. Side Yards Not Required For Second Story Residential Uses In Non-Residential Structures. Side yards shall not be required for residential dwellings erected above commercial structures.
    3. Allowable Projections Of Accessory Buildings Into Yards. One (1) story accessory buildings may project into yards provided that (a) the building does not occupy more than thirty percent (30%) of the rear yard; (b) when more than ten (10) feet from the building and sixty (60) feet from the front yard, it may project into the side or rear yards providing it projects no closer than six (6) feet to the side or rear lot lines; (c) garage accessory buildings entered from an alley or street in the case of double frontage lots, are not closer than ten (10) feet to the street or alley line.
    4. Allowable Projections Of Fences Into Yards. Fences may be constructed in or project into required yards provided that (a) no fence or planting more than three (3) feet high shall be located within thirty-five (35) feet of a street intersection; (b) no fence more than four (4) feet high may be located closer to the front of the lot than the principal building; and (c) no fence more than eight (8) feet high shall be allowed on any part of the lot.
  3. Exceptions To Height Limitations.
    1. Public And Semi-Public Buildings May Exceed Height Limitations. Public buildings, churches, temples, may exceed the height limit to a maximum height of seventy (70) feet provided all yards required in the particular district are increased one (1) foot for each two (2) feet in excess of the height limitation.
    2. Architectural Or Mechanical Appurtenances That May Exceed Height Limitations. Chimneys, church steeples, barns and silos, and monuments may exceed the maximum height limitations.
    3. Storage Buildings Need Not Comply With Story Limitations. Storage buildings are exempt from the story limitations (but not the "number of feet" limitation).