Durant City Zoning Code
EXCEPTIONS AND
MODIFICATIONS
§ 156.155 EXISTING LOTS OF RECORD.
The requirements and regulations specified hereinbefore shall be subject to the following exceptions, modifications, and interpretations.
(A) Any lot or parcel of land in any district that was under separate ownership and of record on the date of adoption of these regulations, or amendment thereof, where no adjoining undeveloped land fronting on the same street was under the same ownership on the date, may be used as a building site even though such lot or parcel fails to meet the minimum requirements for lot area, lot width, or both that are generally applicable to lots in the district. With respect to such lots, yard dimensions, and other requirements not involving lot area of width shall be complied with subject to this division (A) and division (B) below.
(B) On any such lot or parcel, the side yard requirements of these regulations shall not operate to reduce the net buildable width of such lot below 38 feet, provided however, that the application of this exception shall not be permitted to reduce:
(1) Any interior side yard below 10% of the width of the lot;
(2) Any exterior side yard below 20% of the width of the lot or eight feet, whichever is greater; or
(3) (a) On any such lot or parcel, no combination of the following requirements shall operate to reduce the net buildable depth of such lot below 70 feet:
1. Front and rear yard; and
2. Front or rear building setback.
(b) Provided, however, that the application of this exception shall not be permitted to reduce:
1. Any front yard below 10% of the depth of the lot; or
2. Any rear yard below 15% of the depth of the lot, or ten feet, whichever is greater.
(Prior Code, § 157.175) (Ord. 1040, passed 4-12-1983)
§ 156.156 FENCES, WALLS, HEDGES, AND PORTABLE ELECTRIC GROUND SIGNS.
(A) Fences, walls, and hedges may be located in required yards as follows:
(1) In areas of required rear yards, not exceeding eight feet;
(2) In areas of required side yards, not exceeding six feet; and
(3) In areas of required front yards, not exceeding four feet except in areas of vision triangles.
(B) On any corner lot, no fence, wall, hedge, portable ground sign, or other structure shall be erected, placed, or maintained within the triangular area formed by the intersecting property lines and a straight line joining the property lines at points whose distance from the point of intersection is 25 feet.
(Prior Code, § 157.176) (Ord. 1040, passed 4-12-1983; Ord. 1044, passed 7-12-1983)
§ 156.157 PLANTING IN PARKWAYS.
No hedge, tree, shrub, or other growth shall be planted in the area between the street curb and the front property line, the area being known as the parkway, when such planting would create a traffic hazard by obstructing the view or when such planting would obstruct or hinder future development or use of the parkway.
(Prior Code, § 157.177) (Ord. 1040, passed 4-12-1983) Penalty, see § 156.999
§ 156.158 OBSTRUCTIONS AROUND FIRE HYDRANTS.
No person shall place or cause to be placed upon or about any fire hydrant any rubbish, plants, building material, fence, or other obstruction of any character whatsoever, nor shall any person fasten to a fire hydrant any guy rope, cable, or brace, nor park any vehicle nearer than 15 feet to a fire hydrant.
(Prior Code, § 157.178) (Ord. 1040, passed 4-12-1983) Penalty, see § 156.999
§ 156.159 REVOCABLE PERMIT REQUIRED.
No person shall erect or maintain any encroachment from that person’s adjacent property, upon or over any street, alley, sidewalk, or other public property without first obtaining a permit from the City Council in a manner set forth herein. As used herein, person shall indicate property owner including individual, corporation, limited liability company, partnership, or any other entity that owns real property.
(A) Application process. An applicant for a revocable permit shall:
(1) File a written application therefor on forms furnished by the city that include the following: the date, the name of the applicant, the location of the proposed encroachment, including the legal description of the applicant’s and record owner’s adjacent property, engineering plans as required, and such other information as the city may deem necessary;
(2) A fee of $300 will be assessed to permit applications requiring engineer plan review; and
(3) Provide a copy of the recorded deed whereby the applicant establishes that he or she is the record owner of the adjacent property. All record owners of the property shall sign the application as well as the indemnification agreement described herein.
(B) Issuance of permit. The City Council shall inspect or cause to be inspected the encroachment described in the application. If, in the sole judgment of the City Council, the issuance of a permit for the encroachment is in the best interest of the city, the City Council shall authorize the City Manager or his or her designee to issue the permit upon compliance with all other provisions hereof. No such permit shall be issued until approval by the City Council, verification of ownership, delivery of certificate of insurance, execution and recording of the indemnification agreement, and payment of the fee. The decision of the City Council shall be final and shall be based upon all circumstances surrounding the proposed encroachment. Circumstances to be considered by the City Council and the weight to be given to each shall be at the sole discretion of the City Council.
(1) Non-permanent improvements/items located within the public right-of-way shall require approval of a revocable permit for non-permanent improvements/items to be installed by the property owner or tenant with property owner approval.
(2) Such requests shall be evaluated based upon a standard of promoting public safety and the provision of accessible means of ingress and egress.
(C) Revocation of permit. The City Council may revoke a permit issued under this section whenever the City Council, in its sole judgment, determines that such permit should be revoked. Such revocation may be on the grounds of public safety, public necessity, public good, or any other cause which the City Council, in its sole judgment, determines to be applicable. The grounds for revocation of a permit under this section shall not be limited to the grounds set forth in this section.
(D) Notice of revocation. Whenever the City Council revokes a permit under this section, and whenever an encroachment is constructed or maintained on or over any public property without obtaining a permit, the City Manager or his or her designee shall notify the record owner of the adjacent premises to remove such encroachment within such time as the City Council determines is reasonable under the circumstances.
(E) Removal by city. If the record owner fails to comply with the order to remove the encroachment, the City Council may cause the encroachment to be removed and charge the costs thereof, plus up to 15% of such costs for administration, to the record owners of the adjacent property. If any record owner fails or refuses to pay, when due, any charges imposed under this section, the City Council may, in addition to taking other collection remedies, certify any unpaid charges, including interest, to the County Treasurer, to be levied against the adjacent property for collection by the county in the same manner as delinquent general taxes upon such adjacent property are collected.
(F) Nuisance declared. The City Council hereby declares that the construction or maintenance of an encroachment upon or over any public property within the city, without obtaining a permit as required under this section, constitutes a public nuisance.
(Ord. 1918, passed 10-29-2020) Penalty, see § 156.999