Elsmere City Zoning Code
ARTICLE IV
Permitted Modifications
§ 225-23 Height modifications.
A.
The height limitations of this chapter shall not apply to silos, church spires, belfries, cupolas and domes not used for human occupancy.
B.
Chimneys, ventilators, skylights, water tanks and similar features and necessary mechanical appurtenances usually carried on and above the roof level may exceed the height limitations of this chapter by not more than 15 feet, provided that not more than 30% of the roof area is occupied by such equipment. If such equipment is construed as a second structure, apart from the primary structure, the height restrictions of this chapter shall apply.
C.
The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet. Public and quasi-public buildings, schools, churches and other similar permitted uses shall increase the front, rear and side yards by one foot for each foot by which such buildings exceed the height limit herein established for such zone in which it is located, and further provided that in no case shall any building have a height greater than 50 feet.
§ 225-24 Undersized lots.
Any parcel of land with an area or width less than that prescribed for a lot in the zone in which such a lot is located may be used as a lot for any purpose permitted in the zone, provided that the minimum area requirements for such lot shall be 50% of the area and width requirements for the zone in which located, and further provided that all other regulations prescribed for the zone by this chapter are complied with. Lots which are not of the required minimum area or width may be used for any purpose permitted in the zone in which they are located.
§ 225-25 Permitted yard area modifications.
A.
Front yards. In such cases in residential and commercial zones where the frontage on the same side of the street within 500 feet is 50% or more developed, then the required front yard area for a new structure shall be modified to the average for existing development.
B.
Side yards. In the case of lots upon which an existing structure is located or which comply with the provisions for modification of § 225-24, combined total side yard requirements, as specified in Column 6 of Table I, shall be reduced by six inches for each foot by which a lot is less than the minimum requirement specified in Column 4 of Table I for the zone in which located. In any case, the yard area for either side yard shall not be reduced to less than 50% of the requirement of Column 5 of Table I.[1]
[1]
Editor's Note: Table I, Schedule of Lot, Yard and Building Regulations, is included at the end of this chapter.
§ 225-26 Temporary uses.
A.
It is recognized that it may be in the interests of the Town of Elsmere and in accordance with the purpose of this chapter to permit temporary activities for a limited period of time, which activities may not be permitted by other provisions of this chapter, if such uses are of such a nature and are so located that at the time of application they will:
B.
Upon proper application to and favorable findings by the Town Council, the Building Official may be directed to issue a permit for such period as the Town Council may specify, not to exceed 30 days. Such permit to be issued must state the specific temporary activities to be conducted on the premises. All temporary use permits will be issued on the condition that the grounds on which the use is situated be returned to their former condition within 72 hours.