The regulations in this chapter shall be subject to the interpretations and exceptions in this article.

(Prior Code, § 5.221)

(a)

Where, within the R-1 through R-4 residential districts, the front yard setback for existing dwellings in the vicinity of, and in the same zoning district as, a vacant subject lot are less than the required front yard setback for the zoning district of the subject lot, the required front yard setback for the subject lot shall be the average of the actual front yard setbacks of existing dwellings on the same side of the street and entirely or partially within 100 feet of the side lot lines of the subject parcel, subject to subsections (b) and (c) of this section.

(b)

The front yard setback permitted in subsection (a) of this section shall only be permitted if there are two or more lots occupied by dwelling units within the area described in subsection (a) of this section for computing the average front yard setback.

(c)

In no case shall the average front yard setback resulting from the application of subsections (a) and (b) of this section be less than ten feet.

(Prior Code, § 5.11; Ord. No. 80-006, 12-1-1980; Ord. No. 88-06, 6-6-1988; Ord. No. 89-01, 1-9-1989; Ord. No. 90-28, 12-3-1990; Ord. No. 98-23, 11-16-1998; Ord. No. 2005-13, 8-15-2005)

Essential services, as defined in section 46-4, shall be permitted as authorized by the city manager and regulated by law and other ordinances of the city. It is the intention to exempt essential services from the application of this chapter. Commercial telecommunications are not considered essential services.

(Prior Code, § 5.222; Ord. No. 98-01, 3-2-1998)

The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

(Prior Code, § 5.223)

(a)

Except as noted in subsection (b) of this section, the height limitations of this chapter shall not apply to farm buildings, chimneys, church spires, flagpoles or public monuments.

(b)

Exceptions.

(1)

Unless approved by the board of appeals, the height of the structures/building features referenced in subsection (a) of this section shall not exceed the limits as proscribed by the airport overlay zone.

(2)

If the structures/building features, referenced in subsection (a) of this section, require authorization as, or are associated with, a use permitted subject to special conditions or as a special land use, the planning commission may specify height limits for same. In determining said height limits, the provisions of the airport overlay zone shall not be exceeded unless so authorized by the board of appeals.

(Prior Code, § 5.224; Ord. No. 90-26, 11-5-1990; Ord. No. 98-01, 3-2-1998)

(a)

Any existing lot and lot of record on the effective date of the ordinance from which this chapter is derived may be used for any principal use permitted in this chapter in the district in which such lot is located whether or not the lot complies with the lot area requirements of this chapter.

(b)

No more than one main structure shall occupy any lot unless each structure meets the lot area requirements of this chapter.

(c)

The following uses must comply with the lot area requirements outlined in this chapter:

(1)

Nonconforming lots, structures, premises, uses of land, and uses of structures as stated in section 46-655.

(2)

Conditional uses as defined in this chapter under special land uses or under principal uses permitted subject to planning commission approval.

(Prior Code, § 5.225; Ord. No. 90-18, 11-5-1990)

When yard regulations cannot reasonably be complied with, or where their application cannot be determined on lots of peculiar shape, topography or due to architectural or site arrangement, such regulations may be modified as determined by the board of appeals.

(Prior Code, § 5.226)

An open, unenclosed and uncovered porch or paved terrace may project into a front yard for a distance not exceeding ten feet, but this shall not be interpreted to include or permit fixed canopies.

(Prior Code, § 5.227)

Architectural features, not including vertical projections, may extend or project into a required side yard not more than two inches for each one foot of width of such side yard; and may extend or project into a required front yard or rear yard not more than three feet, except those architectural embellishments such as cornices, eaves, lintels, sills, awnings, canopies and signs, when located on buildings in the B-2 zone and in conformance with the state construction code and all other requirements of this Code, may extend over public property.

(Prior Code, § 5.228; Ord. No. 87-24, 12-7-1987)

For the purpose of this chapter, access drives may be placed in the required front or side yards so as to provide access to rear yards and/or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Further, any walk, terrace or other pavement servicing a like function, and not in excess of nine inches above the grade upon which placed, shall, for the purpose of this chapter not be considered to be a structure, and shall be permitted in any required yard.

(Prior Code, § 5.229)

(a)

Waterfront setback. Those residential lots and/or parcels having water frontage and abutting a public thoroughfare shall maintain the front yard on the water side as an open, unobstructed yard, except that a boat well and boat hoist (but not a boathouse) shall be permitted after review and approval of plans by the zoning administrator or his or her designee. All structures located in the waterfront yard must be set back from the water's edge (as established by a lake level of 1,290 feet) a minimum distance equal to the average setback of the neighboring four main buildings on the two lots on each side of the subject property, providing that this distance is 35 feet or greater.

(b)

Road front yard setback. Detached accessory structures shall be permitted in the road front yard, with the minimum three-foot setback from the abutting road right-of-way and three-foot setback from the side lot line being maintained, and the guidelines in subsection (c) of this section are also maintained.

(c)

Guidelines for approval of accessory structures. Exterior designs of all accessory structures shall be regulated by the zoning and building department to assure orderly, reasonable and harmonious developments which shall maintain the essential character and quality of the surrounding neighborhood. This shall also be intended to prevent the harmful effects of inappropriate exterior design of accessory structures in relation to the exterior designs prevailing throughout the neighborhood.

(Prior Code, § 5.230; Ord. No. 88-05, 1-9-1989; Ord. No. 99-02, 4-5-1999; Ord. No. 2010-10, § 20, 8-2-2010)