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East Moline City Zoning Code

CHAPTER 28

ADDITIONAL REQUIREMENTS, EXCEPTIONS AND MODIFICATIONS

10-28-1: ADDITIONAL REQUIREMENTS:

The requirements and regulations specified hereinbefore in this title shall be subject to the additional requirements, exceptions, modifications and interpretations in this chapter. (Ord. 18-08, 6-3-2019)

10-28-2: HEIGHT LIMITS:

Height limitations stipulated elsewhere in this title shall not apply:
   (A)   To barns, silos or other farm buildings, provided these are not less than fifty feet (50') from every lot line, to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, masts and aerials; to parapet walls extending not more than four feet (4') above the limiting height of the building. However, if in the opinion of the building inspector, such structures would adversely affect adjoining or adjacent properties, such greater height shall not be authorized except by the Board of Zoning Appeals.
   (B)   To places of public assembly such as churches, schools and other permitted public and semi-public buildings not to exceed six (6) stories or seventy five feet (75'), provided that for each foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.
   (C)   To bulkheads, conveyors, derricks, elevators, penthouses, water tanks, monitors and scenery lofts; to monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height. Where a permitted use requires greater heights than specified, such may be authorized by the Board of Zoning Appeals.
   (D)   To hospitals, provided that for each foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width and depth by an additional one-half foot (1/2') over the side and rear yards required for the highest building otherwise permitted in the district. (Ord. 18-08, 6-3-2019)

10-28-3: FRONT YARD EXCEPTIONS AND MODIFICATIONS:

   (A)   Front Yard Requirements: Do not apply to bay windows, decks, or balconies occupying, in the aggregate, not more than one-third (1/3) of the front wall, provided that these projections come entirely within planes drawn from either main corner of the front wall, making the interior angle of twenty two and one-half degrees (221/2°) in the horizontal planes with the front wall; to chimneys, flues, belt courses, leaders, sills, pilasters, uncovered porches or similar features not over three feet (3') high above the average finished grade and distant five feet (5') from every lot line.
   (B)   Front Yard Depth: In any district where the average depth of two (2) or more existing front yards on lots within one hundred fifty feet (150') in either direction of the lot in question and within the same block front less than the average depth of said existing front yards or the average depth on the two (2) lots immediately adjoining, provided, however, that the depth of a front yard in any R District shall be at least ten feet (10') and need not exceed thirty feet (30').
   (C)   Corner Lots: In any district where the average depth of two (2) or more existing front yards on lots within one hundred fifty feet (150') of the lot in question and within the same front is less than the least front yard described, the depth of the front yard on such lot shall not be less than the average depth of said existing front yards or depth of the front yard on the lot immediately adjoining; provided, however, that the depth of a front yard on a lot in any R District shall be at least ten feet (10') and need not exceed thirty feet (30'), except when effecting traffic visibility across corner lots, as outlined in chapter 4, "General Provisions", of this title. (Ord. 18-08, 6-3-2019)

10-28-4: SIDE YARD EXCEPTIONS AND MODIFICATIONS:

   (A)   Along any district boundary line, any abutting side yard on a lot in the less restricted district shall have at least width equal to that required in the more restrictive district. Where a lot in an I District abuts a lot in an R District, any side yard shall be increased by three feet (3') for each story that the building proposed on such lot exceeds the height limit of the said R District.
   (B)   Side yards shall be increased in width by two inches (2") for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds forty feet (40') in any AG, SE, or R-1 District, or fifty feet (50') in any R-2 District.
   (C)   Side yards may be reduced by three inches (3") from the otherwise required least width of each side yard for each foot by which a lot of record at the time of enactment of this title is narrower than the lot width specified for the district in which the lot is located, in the case of buildings not higher than two and one-half (21/2) stories, and in case the owner of record does not own any adjoining property; provided, however, and irrespective of the provisions of subsection (F) of this section, that no side yard shall be narrower at any point than three feet (3').
   (D)   Side yards may be measured to the centerline of adjoining alleys but in no case shall a building or structure for which a side yard is required to be erected be within three feet (3') of such alley.
   (E)   On a corner lot, the least width of a side yard along the street lot line shall be equal to the required front yard along the side street.
   (F)   Structures or projections into side yards may be permitted as follows:
      1.   Bays, decks, and balconies not more than four feet (4') from the building, provided these projections are entirely within planes drawn from either main corner of the side wall, making an interior angle of twenty two and one-half degrees (221/2°) in the horizontal plane with the side wall. The sum of the lengths of such projection shall not exceed one-third (1/3) of the length of the side yard.
      2.   Chimneys, flues, belt courses, leaders, sill, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like, into or over a required side yard not more than one and one-half feet (11/2').
      3.   Fences, plantings or walls not over six feet (6') above the average natural grade.
      4.   Fire escapes three feet (3') from a side lot line.
      5.   Terraces, steps, uncovered porches, stoops or similar features not higher than the elevation of the ground story of the building and distant three feet (3') from a side lot line.
   (G)   No part of any accessory building shall be nearer a side street lot line than the least depth of any front yard required along such side street.
   (H)   Side yards may be varied: Where the side walls of a building are not parallel with the side lot line or is broken or otherwise irregular, in which case, the average width, or narrower than three feet (3') in any case. (Ord. 18-08, 6-3-2019)

10-28-5: REAR YARD EXCEPTIONS AND MODIFICATIONS:

   (A)   Rear yards may be reduced by three inches (3") from the required least depth for each foot by which a lot at the time of enactment of this title is less than one hundred feet (100') deep, in the case of a building not higher than two and one-half (21/2) stories, and in the case the owner of record does not own adjoining property to the rear, provided, however, that no required rear yard shall be less than ten feet (10') deep.
   (B)   Rear yards may be measured to the centerline of adjoining alleys, but in no case shall a building or structure be erected within ten feet (10') of such an alley.
   (C)   Structures or projections into rear yards may be permitted as follows:
      Bay windows, not more than four feet (4'), provided these projections are entirely within plans drawn from either main corner of the rear wall, making an interior angle of twenty two and one-half degrees (221/2°) in the horizontal plane with the rear wall. The sum of the lengths of such projections shall not exceed one-half (1/2) of the width of the rear wall.
      Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves and the like, into or over a required rear yard not more than one and one- half feet (11/2').
      Fences, planting or walls, not over six feet (6') above the average natural grade.
      Fire escapes, six feet (6').
      Open decks or balconies not enclosed; attached or detached off-street parking spaces; open off-street parking spaces; accessory sheds, tool rooms, similar buildings or structures for domestic or agricultural storage; balconies; breeze-ways and open porches. (Ord. 18-08, 6-3-2019)