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Dallas Center City Zoning Code

165.46 EXCEPTIONS

AND MODIFICATIONS.

1.   Use of Existing Lots of Record. In any district where dwellings are permitted, a single-family dwelling may be located on any lot or plot of official record as of the date of the enactment of this chapter irrespective of its area or width; and in addition, any two-family dwelling may be located on any lot or plot in any “R-2” or “R-3” Residential District that has a lot width of not less than 50 feet and is of official record as of the date of this chapter; provided however:
   A.   The sum of the side yard width of any such lot or plot need not exceed 30 percent of the width of the lot, but in no case less than 10 percent of the width of the lot for any one side yard.
   B.   The depth of the rear yard of any such lot shall not be less than 20 percent of the depth of the lot, but in no case less than 10 feet.
2.   Structures Permitted Above Height Limit. The building height limitations of this chapter shall be modified as follows:
   A.   Chimneys, cooling towers, elevator bulk-heads, fire towers, monuments, penthouses, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, radio or television towers or necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted provisions of this Code of Ordinances.
   B.   Public, semi-public or public service buildings, hospitals, sanatoriums, or schools, when permitted in a district, may be erected to a height not exceeding 60 feet, and churches and temples, when permitted in a district may be erected to a height not exceeding 75 feet in height if the building is set back from each property line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is built.
   C.   The height of any building, tower, sign, or any attachment to any structure shall not exceed maximum elevations as delineated within this chapter and unless a variance is granted through proper procedures as specified in this chapter.
3.   Area Requirements. In any district, and for building purposes, where either public water, public sanitary sewer, or both of the aforementioned are not available, the minimum lot area and frontage requirements shall be:
   A.   All lots, except those of 10 acres or more shall be provided with access and connections to public water mains.
   B.   Any lot or lots which cannot be reasonably served by a public sanitary sewer system, shall have a minimum frontage of 125 feet, and an area of not less than 40,000 square feet, or the minimum permitted by this chapter, whichever is larger for the district of which said parcel is a part.
4.   Exceptions to Yard Requirements. Buildings on through streets and extending through from street to street shall provide the required front yard on both streets. Every part of a required yard shall be open to the sky unobstructed with any building or structure, except for a permitted accessory building.
5.   Exceptions to Prohibited Uses. The Board of Adjustment may, after public hearing, issue a special permit to authorize the location of any of the following buildings or uses in any district from which they are prohibited by this chapter:
   A.   Any public building erected and used by any department of the City, Township, County, State or Federal government.
   B.   Airport or landing field.
   C.   Community building or recreation field.
   D.   Country clubs and golf courses.
   E.   Hospitals, non-profit fraternal institutions provided they are used solely for fraternal purposes, and institutions of an educational, religious or philanthropic character, provided that the building shall be set back from all yard lines a distance of not less than two feet for each foot of building height.
   F.   Nurseries and greenhouses.
   G.   Pre-schools.
   H.   Public and private cemeteries.
   I.   Temporary or seasonal amusement enterprises.
Upon the filing of an application for a special use permit under this section, the Board of Adjustment shall, following a public hearing, consider the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general welfare of the community.