50 - EXCEPTIONS AND MODIFICATIONS
Sections:
In any zone where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record with frontage of sixty feet or more at the effective date of the ordinance codified in this title, irrespective of its area; provided, the applicable yard and other open space requirements are complied with.
(Ord. 90 § 1(J), 1979; Ord. 53 § 230-1, 1978)
The height limitations stipulated elsewhere in this title shall not apply to the following (except within the airport zones):
A.
Barns, silos or other farm buildings or structures on farms; church spires, belfries, cupolas and domes, observation towers, transmission towers, windmills, chimneys, smokestacks, flagpoles, radio and television towers, masts and aerials, parapet walls extending not more than four feet above the limiting height of the building;
B.
Places of public assembly in churches, schools, and other permitted public or semi-public buildings; provided, that these are located on the first floor of such buildings; and, provided, that for each three feet by which the height of such buildings exceeds the maximum height otherwise permitted in the zone its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the zone;
C.
Elevator penthouses, water tanks, monitors, and scenery lofts; provided, no linear dimension of any such structure exceeds fifty percent of the corresponding street lot line frontage; towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height;
D.
All such structures above the heights otherwise permitted in the zone shall not occupy more than twenty-five percent of the area of the lot and shall be distant not less than fifty feet in all parts from every lot line not a street lot line.
(Ord. 53 § 230-2, 1978)
A.
Average Depth of Front and Rear Yards. In any zone where front or rear yards are required, whenever the average depth of at least two existing front or rear yards on lots within one hundred feet of the lot in question and within the same block is less than the minimum front or rear yard depth prescribed elsewhere in this title, the required depth of the front or rear yards on said lot shall be modified. In such cases, this modification shall not be less than the average depth of the existing front or rear yard of those lots within one hundred feet on the same block as the affected lot.
B.
Steep Slopes—Front Yard Garage. In any residential zone where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along said line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of twelve percent or less to a private garage conforming to the requirements of this title, such garage may be located within such front yard, but not in any case closer than twelve feet to the street line.
C.
Double Frontage Lots. Applicable front yards must be provided on both streets in the case of buildings on through lots.
D.
Side Yard Modification. Each side yard where required, may be reduced when the following conditions exists:
1.
Extension of an established nonconforming building line;
2.
If the established building line is consistent with the side yard setback pattern prevalent within the same block or across an adjoining street or alley of the property in question;
3.
No portion of the building will project beyond the property line; and
4.
Written approval of the adjacent property owner.
E.
Frontage Modification. In the case of curvilinear streets and cul-de-sacs, the zoning commission may authorize a reduction of the otherwise specified frontage or lot width in residential zones along the front property line; provided, that:
1.
The lot width at the building line shall equal the frontage or lot width required in the zone where located;
2.
The front lot line shall not be less than thirty feet in any event; and
3.
Such reduction of frontage shall not result in a reduction of the required lot area.
F.
Accessory Structures. In any residential area the side and rear yard requirements for an accessory structure may be reduced upon the decision by the zoning officer based on the following criteria:
1.
Only if the prevalent surrounding construction indicates;
2.
Only if written approval of adjacent landowner is received with good cause shown; and
3.
Only if no portion of the building projects past the property lines.
G.
Lot Coverage. The following shall pertain only to new construction or additions to dwellings and customary residential accessory structures on lots with frontages of less than sixty feet: In any R (Residential) zone where a maximum lot coverage for residential development is prescribed, lot coverage may be increased upon the decision of the zoning officer based on the following criteria:
1.
Where the developer or his/her agent can demonstrate that adjacent existing residential development on those lots within three hundred feet and located within the same block or across an adjoining street or alley of the property in question exceeds the maximum prescribed lot coverage, the lot coverage on the lot in question may be increased not to exceed the average lot coverage of those lots described above;
2.
In no case, however, shall the increase in lot coverage exceed sixty-five percent of the total lot area.
(Ord. 436 § 1, 1992; Ord. 312 § 1 (part), 1987; Ord. 296 § 1 (part), 1987; Ord. 295 § 1 (part), 1987; Ord. 215 § 1(B, C), 1984; Ord. 129 § 1 (part), 1981; Ord. 91 § 1, 1979; Ord. 53 § 230-3, 1978)
Certain architectural features may project into required yards or courts as follows:
A.
Into any required front yard, or required side yard adjoining a side street lot line.
B.
Cornices, canopies, eaves, or other architectural features, may project a distance not exceeding two feet six inches.
C.
Fire escapes may project a distance not exceeding four feet six inches.
D.
An uncovered stair and necessary landings may project a distance not to exceed six feet; provided, such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height.
E.
Bay windows, balconies, uncovered porches and chimneys may project a distance not exceeding three feet; provided, that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.
F.
Subject to the limitations in subsections A through E of this section, the abovenamed features may project into any required side yard adjoining an interior side lot line, a distance not to exceed one-fifth of the required least width of such side yard, but not exceeding three feet in any case.
G.
Subject to the limitation in subsection F of this section, the features named therein may project into any required rear yards the same distances they are permitted to project into a front yard.
(Ord. 53 § 230-4, 1978)
50 - EXCEPTIONS AND MODIFICATIONS
Sections:
In any zone where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record with frontage of sixty feet or more at the effective date of the ordinance codified in this title, irrespective of its area; provided, the applicable yard and other open space requirements are complied with.
(Ord. 90 § 1(J), 1979; Ord. 53 § 230-1, 1978)
The height limitations stipulated elsewhere in this title shall not apply to the following (except within the airport zones):
A.
Barns, silos or other farm buildings or structures on farms; church spires, belfries, cupolas and domes, observation towers, transmission towers, windmills, chimneys, smokestacks, flagpoles, radio and television towers, masts and aerials, parapet walls extending not more than four feet above the limiting height of the building;
B.
Places of public assembly in churches, schools, and other permitted public or semi-public buildings; provided, that these are located on the first floor of such buildings; and, provided, that for each three feet by which the height of such buildings exceeds the maximum height otherwise permitted in the zone its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the zone;
C.
Elevator penthouses, water tanks, monitors, and scenery lofts; provided, no linear dimension of any such structure exceeds fifty percent of the corresponding street lot line frontage; towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height;
D.
All such structures above the heights otherwise permitted in the zone shall not occupy more than twenty-five percent of the area of the lot and shall be distant not less than fifty feet in all parts from every lot line not a street lot line.
(Ord. 53 § 230-2, 1978)
A.
Average Depth of Front and Rear Yards. In any zone where front or rear yards are required, whenever the average depth of at least two existing front or rear yards on lots within one hundred feet of the lot in question and within the same block is less than the minimum front or rear yard depth prescribed elsewhere in this title, the required depth of the front or rear yards on said lot shall be modified. In such cases, this modification shall not be less than the average depth of the existing front or rear yard of those lots within one hundred feet on the same block as the affected lot.
B.
Steep Slopes—Front Yard Garage. In any residential zone where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along said line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of twelve percent or less to a private garage conforming to the requirements of this title, such garage may be located within such front yard, but not in any case closer than twelve feet to the street line.
C.
Double Frontage Lots. Applicable front yards must be provided on both streets in the case of buildings on through lots.
D.
Side Yard Modification. Each side yard where required, may be reduced when the following conditions exists:
1.
Extension of an established nonconforming building line;
2.
If the established building line is consistent with the side yard setback pattern prevalent within the same block or across an adjoining street or alley of the property in question;
3.
No portion of the building will project beyond the property line; and
4.
Written approval of the adjacent property owner.
E.
Frontage Modification. In the case of curvilinear streets and cul-de-sacs, the zoning commission may authorize a reduction of the otherwise specified frontage or lot width in residential zones along the front property line; provided, that:
1.
The lot width at the building line shall equal the frontage or lot width required in the zone where located;
2.
The front lot line shall not be less than thirty feet in any event; and
3.
Such reduction of frontage shall not result in a reduction of the required lot area.
F.
Accessory Structures. In any residential area the side and rear yard requirements for an accessory structure may be reduced upon the decision by the zoning officer based on the following criteria:
1.
Only if the prevalent surrounding construction indicates;
2.
Only if written approval of adjacent landowner is received with good cause shown; and
3.
Only if no portion of the building projects past the property lines.
G.
Lot Coverage. The following shall pertain only to new construction or additions to dwellings and customary residential accessory structures on lots with frontages of less than sixty feet: In any R (Residential) zone where a maximum lot coverage for residential development is prescribed, lot coverage may be increased upon the decision of the zoning officer based on the following criteria:
1.
Where the developer or his/her agent can demonstrate that adjacent existing residential development on those lots within three hundred feet and located within the same block or across an adjoining street or alley of the property in question exceeds the maximum prescribed lot coverage, the lot coverage on the lot in question may be increased not to exceed the average lot coverage of those lots described above;
2.
In no case, however, shall the increase in lot coverage exceed sixty-five percent of the total lot area.
(Ord. 436 § 1, 1992; Ord. 312 § 1 (part), 1987; Ord. 296 § 1 (part), 1987; Ord. 295 § 1 (part), 1987; Ord. 215 § 1(B, C), 1984; Ord. 129 § 1 (part), 1981; Ord. 91 § 1, 1979; Ord. 53 § 230-3, 1978)
Certain architectural features may project into required yards or courts as follows:
A.
Into any required front yard, or required side yard adjoining a side street lot line.
B.
Cornices, canopies, eaves, or other architectural features, may project a distance not exceeding two feet six inches.
C.
Fire escapes may project a distance not exceeding four feet six inches.
D.
An uncovered stair and necessary landings may project a distance not to exceed six feet; provided, such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height.
E.
Bay windows, balconies, uncovered porches and chimneys may project a distance not exceeding three feet; provided, that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.
F.
Subject to the limitations in subsections A through E of this section, the abovenamed features may project into any required side yard adjoining an interior side lot line, a distance not to exceed one-fifth of the required least width of such side yard, but not exceeding three feet in any case.
G.
Subject to the limitation in subsection F of this section, the features named therein may project into any required rear yards the same distances they are permitted to project into a front yard.
(Ord. 53 § 230-4, 1978)