The regulations in this title shall be subject to the following interpretations and exceptions. (Ord. 867, 11-5-2001)

Essential services serving the city of Clinton shall be permitted as authorized and regulated by law and other ordinances of the municipality. Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the municipality shall receive the review and approval, after a public hearing, of the city council and after being recommended by the zoning board of appeals. Such review shall consider abutting property and uses as they relate to easements, rights of way, overhead lines, poles and towers and further, shall consider injurious effects on property abutting or adjacent thereto and on the orderly appearance of the city of Clinton. (Ord. 867, 11-5-2001)

The provisions of this title 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. (Ord. 867, 11-5-2001)

The height limitations of this title shall not apply to farm buildings, chimneys, church spires, flagpoles, public monuments or television antennas for personal use; provided, however, that the city council may specify a height limit for any such structure when such structure requires authorization as a special use. (Ord. 867, 11-5-2001)

If two (2) or more lots with continuous frontage in single ownership are of record at the time of passage or amendment of this title, and if the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of said lands shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by these regulations, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in these regulations. (Ord. 867, 11-5-2001)

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 zoning board of appeals, acting as appeal board. (Ord. 867, 11-5-2001)

An open, unenclosed, and uncovered porch or paved terrace may project into a front yard for a distance not exceeding ten feet (10'), but this shall not be interpreted to include or permit fixed canopies. (Ord. 867, 11-5-2001)

Architectural features, not including vertical projections, may extend or project into a required side yard not more than three inches (3") for each one foot (1') of width of such side yard; and may extend or project into a required front yard or rear yard not more than three feet (3'). (Ord. 867, 11-5-2001)

For the purpose of this title, access drives may be placed in the required front or side yards so as to provide access to rear yards 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 (9") above the grade upon which placed, shall for the purpose of this title not be considered to be a structure, and shall be permitted in any required yard. (Ord. 867, 11-5-2001)

Canopies and awnings offering partial protection from the weather, but not fully enclosed, and which extend into a public right of way or required yard, may be considered for approval subject to the following conditions:

   (A)   Canopies and awnings extending into a public right of way are subject to the following requirements:

      1.   Such approval shall only be granted by the city council following planning commission recommendation.

      2.   Any such structure shall not extend closer than twenty four inches (24") to any vehicular parking space or moving vehicle lane.

      3.   Any such structure shall not conflict with necessary sight distances for proper vehicular and pedestrian movements.

      4.   Any such structure shall not conflict with any existing or proposed: landscape features, traffic control device, adjacent properties and signs and pedestrian movements.

      5.   The height, location, materials, construction and signage involved in any such structure shall specifically be subject to review and approval by the city council.

      6.   The structure shall be maintained in such a manner as to continue its original appearance and provide proper safety to the persons and property it may affect.

      7.   The city of Clinton, its officials, employees and any of its representatives shall be guaranteed full protection against any liability or damages resulting from the construction and existence of any such structure. The property owner shall name the city of Clinton, its officials, employees and any of its representatives as an additional insured on the owner's liability insurance policy and shall provide the city of Clinton with a policy endorsement showing such coverage. The insurance policy shall contain a clause indicating that it cannot be terminated without thirty (30) days' prior written notice to the city of Clinton, and shall be in an amount as determined by the city of Clinton.

   (B)   Canopies and awnings extending into a required yard are subject to the following requirements:

      1.   Such approval shall only be granted by the planning commission.

      2.   Any such structure shall not extend closer than the height of the structure to any property line adjacent to a residential district.

      3.   Any such structure shall not conflict with necessary sight distances for proper vehicular and pedestrian movements.

      4.   Any such structure shall not conflict with any existing or potential development on adjacent property.

      5.   The height, location, materials, construction and signage involved in any such structure shall specifically be subject to review and approval.

      6.   The structure shall be maintained in such a manner as to continue its original appearance and provide proper safety to the persons and property it may affect. (Ord. 867, 11-5-2001)

A deck which is associated with a residential structure shall not occupy any required rear yard, side yard or front yard area, and shall be subject to the following restrictions:

   (A)   The portion of a deck, which occupies the required rear yard, shall not be above the elevation of the first floor of the residence;

   (B)   The portion of a deck, which occupies the required rear yard, shall not be converted into any enclosed habitable space.

   (C)   A deck shall be subject to lot coverage limitations. (Ord. 867, 11-5-2001)