The requirements and regulations specified hereinbefore shall be subject to the following exceptions, modifications, and interpretations.

15.02.1.

May Be Used as a Building Site. Any zoning lot in any district which was under separate ownership and of record on the date of adoption of this ordinance, or amendment thereof, or which has been reduced to not less than two-thirds of the minimum required lot area, lot width, or both, and where no adjoining undeveloped land fronting on the same street was under the same ownership on said date, may be used as a building site even though such lot fails to meet the applicable minimum requirements for lot area, lot width, or both. With respect to such lots, yard dimensions and other requirements not involving lot area or width shall be complied with, subject to Subsections 15.02.2 and 15.02.3.

15.02.2.

Front and Rear Yard Requirements. On any such lot, the front and rear yard requirements shall not operate to reduce the depth of such lot below 70 feet; provided, however, that the application of this exception shall not be permitted to reduce:

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Any front yard below 10 percent of the depth of the lot; or

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Any rear yard below 15 percent of the depth of the lot, or ten feet, whichever is greater.

15.02.3.

Side Yard Requirements. On any such lot, the side yard requirements shall not operate to reduce the width of the lot below 10 feet, provided, however, that the application of this exception shall not be permitted to reduce:

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Any interior yard below 10 percent of the width of the lot; or

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Any exterior side yard below 20 percent of the width of lot or eight (8) feet, whichever is greater.

15.03.1.

Established yard greater than required by the yard provisions of this ordinance. In any district where 35 percent or more of the frontage on one side of a street between two intersecting streets is improved with buildings, the front yards of which do not vary more than eight feet from the average of the front yards of such buildings, no building shall project into the average front yard so established, but this exception shall not be interpreted to require a front yard of more than:

a.

50 feet in any predevelopment, residential or OP district.

b.

75 feet in any NS, CS, OP or any industrial district.

In determining the percentage of frontage, the widths of developed lots shall be used; in determining the average front yard, the widths of buildings fronting on the street shall be used.

15.03.2.

Established yard less than required by the yard provisions of this ordinance. Where a new building is proposed to be erected or an existing building is proposed to be enlarged on a street where the frontage on the same side of the street between two intersecting streets is developed with one or more existing buildings that have a front yard or yards of lesser depth than required by this ordinance, then one of the following conditions shall apply; however, in no event shall the following be permitted to reduce a front yard to less than 10 feet:

a.

Where the proposed building is to be located not more than 200 feet from such existing buildings on both sides, and there are no intervening buildings, then the front yard shall be established by a line drawn between the two (2) nearest front corners of such adjacent buildings on the two (2) sides.

b.

Where the proposed building is to be located not more than 200 feet from one such existing building on one side, then the front yard shall be established by a line drawn from the nearest front corner of the existing building to the established front yard line at a slope of one foot depth to 10 feet of frontage.

c.

Where the proposed building is to be located more than 200 feet from all such existing buildings, then the proposed building shall conform with the front yard established herein for such district.

d.

Where the proposed building is to be located between and adjacent to two existing buildings that conform to the front yard requirements of such district, or between such a building and an intersecting street, then the proposed building shall conform to the front yard setback established for such district, regardless of the front yards established by other existing buildings in the same block.

15.03.3.

Varying front yard requirements on same street frontage. Where the frontage on one side of a street between two intersecting streets is in zoning districts having two or more different front yard requirements, the required front yard for any zoning lot on such frontage shall be determined as follows:

a.

In predevelopment and residential districts, the required front yard shall be the deepest front yard required in any predevelopment and residential district in such frontage.

b.

In commercial and industrial districts, the required front yard shall be the deepest front yard required in any predevelopment, residential, commercial or industrial district in such frontage.

15.04.1.

Where Rear Yard Abuts an Alley. In computing the required depth of a rear yard for any building where such yard abuts on an alley, the depth of the lot may be considered as extending to the center of said alley, and the required depth of the rear yard as being measured from the centerline of said alley.

15.04.2.

Where Lot in Commercial or Industrial District Backs on Side of Lot in Predevelopment or Residential District. In the case of a reversed corner lot where the rear of a lot in a commercial or industrial district abuts upon the side of a lot in any predevelopment or residential district, there shall be a rear yard of not less than 12 feet, provided further that where a public alley separates the rear of the lot in the commercial or industrial district and the side of the lot in any predevelopment or residential district, no rear yard shall be required.

15.04.3.

Existing lots of record and lots reduced by public acquisition: See Section 15.02.

15.05.1.

Variation of Distance Between Residential Structures. The distance between residential structures on the same zoning lot may be varied, when authorized by the board of adjustment, where the side wall of the adjacent residence is broken or otherwise irregular. In such case the average distance between residences shall not be less than the otherwise required least distance; provided, however, that such distance shall not be less at any point than one-half of the otherwise required least distance.

15.05.2.

Reduction in Width of One Side Yard. The width of one side yard may be reduced, when authorized by the board of adjustment, to a width not less than three (3) feet; provided, however, that the sum of the widths of the two side yards on the same zoning lot is not less than the combined required minimum for both side yards. Such reduction may be authorized only when the board finds it to be warranted by the location of existing buildings or conducive to the desirable development of two or more lots.

15.05.3.

Where Lot in Commercial or Industrial District Sides on Side of Lot in Predevelopment or Residential District. Where a side of a zoning lot in a commercial or industrial district abuts upon a side of a zoning lot in a predevelopment or residential district, there shall be a side yard not less than seven (7) feet six (6) inches wide on such side of the lot in the commercial or industrial district.

Where a zoning lot in a commercial or industrial district backs up to and abuts upon the side yard of a zoning lot in a predevelopment or residential district, the exterior side yard of the commercial or industrial district shall be the same as the required front yard of the predevelopment and residential district.

15.06.1.

Certain Architectural Features. Certain architectural features may project into required yards and courts as follows:

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Cornices, belt courses, sills or other architectural features, may project a distance not exceeding four (4) inches.

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Canopies and eaves may project a distance not exceeding three (3) feet.

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Fire escapes may project a distance not exceeding four (4) feet.

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Stair and necessary landings may project a distance not to exceed three (3) feet. Such stair and landing shall be unenclosed except for protective railings.

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Bay windows, balconies and chimneys may project a distance not exceeding two (2) feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

15.06.2.

Fences, Walls and Hedges.

1.

If no solid fence exceeds at any point six (6) feet or an average of seven (7) feet in height above the natural elevation of the surface of the ground at such point, they may be located in any required yard or court, provided that on a corner lot, abutting in the rear the side lot line of another lot in a residential district, no such fence, wall, or hedge within 25 feet of the common lot line shall be closer to the side street lot line than one-half the least depth of the front yard required on such other lot fronting the side street.

2.

On any corner lot, no fence, wall, hedge or other structure or planting more than three (3) feet in height above curb level shall be erected, placed, or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points the distance of which from the point of intersection of the street lines is equal to the sum of the required front and exterior side yards.

Chimneys and Similar Structures. When authorized by the board of adjustment, zoning district height limitations may be exceeded by the following structures: chimneys, church steeples, flagpoles, grain elevators, distribution lines, towers and poles, radio and television antennas, water towers, and similar structures.

Where any ordinance of the City of Deer Park requires on any street a setback different from that required by the yard provisions of this ordinance, the former shall prevail.

In all residential districts, the lot width, at the front building line, shall be the minimum lot width as specified in the bulk and area regulations for that district.