Byrnes Mill City Zoning Code
ARTICLE XVII
Height and Area Exceptions and Modifications
Section 400.480 Regulations.
[R.O. 2011 §400.480; Ord. No. 054-87 §XII, 10-21-1987]
The regulations set forth in this Article qualify or supplement, as the case may be, the district regulations set forth elsewhere in this Chapter.
Section 400.490 General Area Exceptions and Modifications.
[R.O. 2011 §400.490; Ord. No. 054-87 §XII, 10-21-1987; Ord. No. 854-15, 4-15-2015]
A.
General Rules.
1.
No fence shall be constructed or erected within the public right-of-way of any public street or alley.
2.
No fence shall be constructed or erected which would restrict the views from normal traffic flow areas or which would present a hazard to the public safety and welfare.
3.
All fences shall be located entirely upon the property of the owner constructing such fence and may be constructed on the property line, except as provided herein.
4.
It shall be the responsibility of the property owner to insure that a fence does not block or obstruct the flow of stormwater.
5.
Except as otherwise permitted by law, advertisements are prohibited from being affixed to or displayed on any fence.
6.
Fences charged with, or designed to be charged with, electric current are prohibited, except as provided herein.
7.
If a fence is built on property line easements, it is the property owner's obligation to remove such fence at his expense and replace it at his expense, if access to said easement is necessary.
8.
No fence, front, side, or back yard, shall be erected within thirty (30) feet of the intersection of two (2) street lines.
9.
Any fence which exceeds these requirements shall be subject to review and approval by the Board of Adjustment.
B.
General Fence Regulations By Zoning Classification.
1.
Agricultural zones.
a.
Fences shall be composed of masonry, wood, vinyl, chain link, or ornamental material except as provided herein. Barbed wire, smooth wire, woven wire, and pipe materials may be used to contain livestock at the discretion of the Building Official.
b.
No fence used for containing livestock shall be constructed within fifteen (15) feet of a public roadway and shall be constructed no higher than six (6) feet above the surrounding grade.
c.
Electric fences used to contain livestock must have warning signage every one hundred (100) feet.
2.
Residential zones.
a.
Fences constructed of masonry, vinyl, or wood shall be constructed no higher than six (6) feet above the surrounding grade in the rear yard and side yard. Chain link fences shall be constructed no higher than four (4) feet above the surrounding grade in the rear yard and side yard.
b.
All fences erected in the front yard may not infringe upon the fifteen-foot right-of-way (fifteen (15) feet from center of the road) and shall be constructed no higher than four (4) feet above the surrounding grade regardless of material and may not exceed fifty percent (50%) opacity.
c.
Fences shall be composed of masonry, wood, vinyl, chain link, or ornamental material.
d.
Electric fences under 10,000 volts surrounding home garden plots are permitted.
3.
Multiple-family districts. The use of fencing would have to be approved on an individual basis by Planning and Zoning with approval of the Board of Aldermen. Section 425.060, Landscaping and Screening — Miscellaneous Requirements, would apply.
4.
Mobile home zones.
a.
No fence shall be constructed on any individual sites of less than eight thousand (8,000) square feet.
b.
All fences shall be subject to all setback requirements and shall be constructed no higher than four (4) feet above the surrounding grade.
c.
Fences shall be composed of masonry, wood, vinyl, chain link, or ornamental material.
5.
Business zones.
a.
No property or business owner shall erect or maintain a fence between the front building line and the public roadway. On corner lots, no property or business owner shall erect or maintain a fence between the front building line and the public roadway on all sides which front a public roadway.
b.
Fences surrounding material storage areas are required and shall be constructed no less than six (6) feet above the surrounding grade.
c.
Fences shall be constructed no higher than eight (8) feet above the surrounding grade.
d.
Fences shall be composed of masonry, wood, vinyl, chain link, or ornamental material except as provided herein.
e.
Fences surrounding material storage for businesses located within residential zones must have a minimum of one-hundred-percent opacity.
6.
Industrial zones.
a.
No property or business owner shall erect or maintain a fence between the front building line and the public roadway. On corner lots, no property or business owner shall erect or maintain a fence between the front building line and the public roadway on all sides which front a public roadway.
b.
Fences shall be constructed no higher than eight (8) feet above the surrounding grade.
c.
Fences shall be composed of masonry, wood, vinyl, chain link, or ornamental material except as provided herein.
d.
Fences surrounding material storage for businesses located within residential zones must have a minimum of one-hundred-percent opacity.
C.
Maintenance.
1.
It shall be the responsibility of the property owner to maintain all fences on the property. This may include repairing, painting, rehabilitating, or any other such maintenance as necessary.
2.
If it is determined that the fence has become a nuisance to the public health, safety, or welfare, it shall be the responsibility of the property owner to remove the fence.
Section 400.500 Front Yard Exceptions and Modifications.
[R.O. 2011 §400.500; Ord. No. 054-87 §XII, 10-21-1987]
A.
Where lots have double frontage, the required yard shall be provided on both streets.
B.
An open, unenclosed porch, balcony, or paved terrace may project into a front yard for a distance not to exceed ten (10) feet. An unenclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet.
Section 400.505 Side Yard Exceptions and Modifications.
[R.O. 2011 §400.505; Ord. No. 054-87 §XII, 10-21-1987]
A.
The required side yard on the street side of a corner lot shall be the same as the required front yard on such street, except that the building width shall not be reduced to less than thirty-two (32) feet, and no accessory building shall project beyond the required front yard on either street.
B.
For the purpose of the side yard regulations, a two (2) family dwelling or a multiple-family dwelling shall be considered as one (1) building occupying one (1) lot.
C.
Commercial or industrial buildings used in part for dwelling purposes shall provide side yards not less than five (5) feet in width unless every dwelling room opens directly upon a front yard, rear yard, or court.
D.
Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three (3) feet above the floor level of the ground (first) story may project into a required yard, provided that these projections be distant at least two (2) feet from the adjacent side lot line.
E.
Whenever a lot of record at the effective date of this Chapter has a width of less than fifty (50) feet, the side yards may be reduced to a width of not less than three (3) feet.
Section 400.510 Rear Yard Exceptions and Modifications.
[R.O. 2011 §400.510; Ord. No. 054-87 §XII, 10-21-1987]
A.
Open-lattice enclosed fire escapes, fire-proof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than three and one-half (3½) feet and where the same are so placed as not to obstruct light and ventilation.
B.
Where a lot abuts upon an alley, one-half (½) the alley width may be considered as part of the required rear yard.
Section 400.515 (Reserved) [1]
[1]
Editor's Note: Former Section 400.515, Accessory Buildings –– Exceptions and Modifications, adopted and amended R.O. 2011 §400.515; Ord. No. 054-87 §XII, 10-21-1987, was repealed 6-4-2014 by §§I and II of Ord. No. 830-14. See now Section 400.120(A)(9) for provisions on accessory buildings.
Section 400.520 Height Exceptions and Modifications.
[R.O. 2011 §400.520; Ord. No. 054-87 §XII, 10-21-1987]
A.
Public, semi-public, or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding forty (40) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet of additional building height above the height limit otherwise provided in the district in which the building is located.
B.
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, smoke stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, radio and television towers, antennae or aerials, conveyors, flag poles, grain elevators, or necessary mechanical appurtenances, are exempt from the height regulations as contained herein.