The city building inspector, in reviewing building permits, may grant modifications according to the terms of this chapter as provided in this article.

(Code 2004, § 17.0501)

The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the provisions listed below and compatible with the general character of the district. Any modifications shall comply with the limitations set forth on the airport zoning map for General Mitchell International Airport.

(1)

Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues, and chimneys, are exempt from the height limitations of this chapter.

(2)

Special structures, such as elevator penthouses, grain elevators, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, and smoke stacks, are exempt from the height limitations of this chapter.

(3)

Essential services, utilities, water towers, and electric power and communication transmission lines are exempt from the height limitations of this chapter.

(4)

Communication structures, such as radio and television transmission and relay towers, radio and television receiving antennas, satellite dish antennas when mounted on the roof of a principal structure, and observation towers, shall not exceed in height three times their distance from the nearest lot line, up to a maximum of 50 feet in residential districts, with the exception of government owned communications structures.

(5)

Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, and governmental offices and stations, may be erected to a height of 80 feet.

(Code 2004, § 17.0502)

(a)

Yard requirements stipulated elsewhere in this chapter may be modified as follows:

(1)

Uncovered stairs, landings, and fire escapes may project into any yard but shall not extend more than six feet from the building to which they are attached nor be closer than three feet to any lot line.

(2)

Architectural projections, such as chimneys, flues, sills, eaves, belt courses, and ornaments, may project into any required yard, but such projection shall not exceed two feet.

(b)

Off-street parking is permitted in all yards of all districts provided that business and industrial parking shall not be located closer than 25 feet to a residential district.

(c)

Landscaping and vegetation are exempt from the yard requirements of this chapter, provided that such landscaping and vegetation shall not interfere with the vision clearance triangle as set forth in section 44-843.

(d)

Required front yard plantings. In all residential districts, the area between the front of a home or other building and the front parkway shall consist of no less than 50 percent grass, with the exception of shrubs and other plant materials. Yards not in conformance with this requirement as of September 5, 2000, shall be exempt from these requirements until otherwise materially altered, at which time compliance shall be required.

(e)

All yard areas in all districts not improved or surfaced by an approved building or material, or otherwise subject to an approved landscaping plan, shall be put into lawn and managed according to city property maintenance standards. Existing topography and natural vegetation of unimproved floodplain, conservancy and public open and recreational spaces shall be preserved where possible in the absence of an approved landscape plan. Rank, nuisance or invasive vegetation shall be maintained or removed in accordance with city property maintenance standards.

(Code 2004, § 17.0503)

Modifications to requirements of this chapter may be granted by the city plan commission for the purpose of complying with the requirements of Title II Public Services and Title III Public Accommodations and Commercial Facilities of the federal Americans with Disabilities Act, 42 USC 12101 et seq. Such compliance may require the waiving or modifications to setback and yard requirements, parking requirements, sign requirements and site design and landscaping requirements. Modifications granted by the plan commission shall be limited to the minimum extent necessary to make structures and uses accessible and barrier free.

(Code 2004, § 17.0505)