The regulations specified in this Zoning Ordinance shall be subject to the following exceptions and interpretations:

   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 effective date of this Zoning Ordinance irrespective of its area or width; and in addition, any two-family dwelling may be located on any lot or plot in an R-1 Residence District that has a lot width of not less than 60 feet and is of official record as of the effective date of this Zoning Ordinance; provided, however:

      A.   The sum of the side yard widths of any such lot or plot shall not be less than 10 feet, but in no case less than five feet for any one side yard.

      B.   The depth of the rear yard of any such lot need not exceed 20 percent of the depth of the lot, but in no case less than 10 feet.

      C.   In the case of a lot of record where the above requirements are greater than those of the district in which it is located, the lesser requirement shall apply.

      D.   In the case of building setback lines established on lots of record, as of the effective date of this Zoning Ordinance, such setback lines may apply in lieu of those required by this Ordinance unless existing adjacent building setbacks are greater than specified on the plat of record, in which case the provisions of Section 170.10 shall apply.

   2.   Structures Permitted Above Height Limit. The building height limitations of this Ordinance 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 ordinances of the City.

      B.   Public, semi-public or public service building, 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 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.   Single-family dwellings and two-family dwellings in the dwelling districts may be increased in height by not more than 10 feet when two side yards of not less than 15 feet each are provided, but they shall not exceed three stories in height.

   3.   Area Requirements. In any district where neither public sanitary sewers or a private sanitary sewage treatment system serving three or more lots is accessible, the lot area requirement shall be one acre.

   4.   Double Frontage Lots. Buildings on through lots and extending through from street to street shall provide the required front yard on both streets.

   5.   Rear and Side Yards. In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens on an alley, one-half of the alley width may be included as a portion of the rear or side yard, as the case may be.

   6.   Fences.

      A.   Permit. No person, firm, or corporation shall construct, erect or alter a fence in the City without first obtaining a separate permit for each such fence from the Building Inspector. Each person, firm, or corporation shall, prior to issuance of a permit, provide the Building Inspector with a diagram showing location and height of such fence and a description of materials to be used. Issuance of the permit and payment of fees shall conform with the resolution passed by the City Council.

      B.   Definitions. For the purposes of this section, the following words are defined.

         (1)   “Alter” or “alteration” means any change or modification in construction.

         (2)   “Fence” means a structure more than 24 inches in height erected as a barrier for separating or enclosing all or a portion of a field, yard, or other area from adjoining real property.

         (3)   “Height” means the plumb vertical distance from the grade line to the top of a given point, exclusive of ornamental objects, such as post caps.

         (4)   “Screen” means a structure of obstruction designed and located to restrict vision, ventilation, to an area or space.

         (5)   “Yard, front” means a yard extending across the full width of the lot and measured between the front lot line and the residence, excluding garages, enclosed porches, patios, decks, etc., other than the projection of the steps. On corner lots each yard adjacent to a street is front yard and shall comply with the regulations for front yards.

         (6)   “Yard, rear” means a yard extending across the full width of the lot and measured between the rear lot line and the residence, excluding garages, enclosed porches, patios, decks, etc., or any projections other than steps, unenclosed balconies, or unenclosed porches. On corner lots, one of the lot lines which is not adjacent to a street shall be designated as the rear lot line.

         (7)   “Yard, side” means a yard extending from the front yard to the rear yard and measured between the side lot lines and the nearest building.

   7.   Fence Regulations.

      A.   Residential. In any R Residential District, the following shall apply:

         (1)   No fence or wall in any front yard shall exceed four feet in height. Fences located in the side yard or along the dwelling’s frontal boundary shall not exceed eight feet in height. It is recommended, however, that a six-foot wide portion of fence along this boundary line shall not exceed four feet in height in order to remain accessible for public safety personnel. It is further recommended that three sides of the dwelling should remain accessible to public safety personnel and only one side of the house should be totally restricted by use of a fence over four feet in height. (See diagram Fence Examples)

         (2)   Fences or walls along interior lot lines within the limits of the side yard of the adjoining lot shall not exceed eight (8) feet in height. Residential fences or landscape features such as sculpture or walls may be erected or constructed with the centerline of said barrier to be located within the property with no portion of the fence extending on to adjacent property or right-of-way. (See diagram of Fence Examples.)

         (3)   No fence or wall in any rear yard shall exceed eight feet in height; except on double frontage lots where the fence or wall will not exceed four feet in height from the building setback line to the lot line. (See diagram.)

         (4)   Any fence or wall on a corner lot shall conform to the 30-foot vision clearance triangle requirement. (See diagram.)

         (5)   No person shall place, construct, or maintain any electric or barbed wire fence.

         (6)   No person shall place, construct, or cause to be placed or constructed any fence or wall utilizing materials not designed, manufactured, or suitable for such use. The Building Inspector will deem what is suitable.

      B.   Nonresidential. Nonresidential fences located in a district other than an R district must be located with the centerline of the said fence at least six inches from the property line and cannot exceed eight feet in height.

      C.   Nonconforming Fences. The lawful use of a fence existing at the effective date of this Zoning Ordinance may be continued, although such fence does not conform to the provision of this Ordinance. The extension or alteration of an existing nonconforming fence shall be governed by the provisions of this Ordinance as for new fences.

      D.   Appeal. An appeal regarding the suitability of materials or methods of construction or the location or height of a fence may be made to the Board of Adjustment.

   8.   Remodel of Open Porch. An existing open porch may be remodeled or rebuilt to an enclosed non-habitable vestibule entranceway (which may include closet space) when projecting not more than one fourth the distance of the front yard setback and extending in width not more than one-fourth of the width of the residence.

   9.   Special Permit Required. A special permit for the location of any of the following buildings or uses in any district where permitted in this Zoning Ordinance must be obtained from the City Council after public hearing thereon.

      A.   Any public building erected and used by any department of the City, Township, County, State or Federal government.

      B.   Public and parochial schools.

      C.   Hospitals, non-profit fraternal institutions (provided they are used solely for fraternal purposes), and institutions of an educational, religious, philanthropic or charitable 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.

      D.   Public and private recreational uses.

      E.   Cemeteries (minimum 10 acres).

      F.   Mining and extraction of minerals or raw materials.

      G.   Airports and landing fields.

      H.   Circus, carnival, or similar transient enterprises.

      I.   Adult entertainment establishments.

Before the issuance of any special permit for any of the above buildings or uses, the City Council shall refer the proposed application to the Zoning Commission, which shall be given 45 days in which to make a report regarding 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. No action shall be taken upon any application for a proposed building or use above referred to until and unless the report of the Zoning Commission has been filed; provided however, that if no report is received from the Zoning Commission within 45 days, it shall be assumed that approval of the application has been given by the Zoning Commission.

   10.   Enforcement. The Building Inspector is hereby designated enforcement officer and authorized to enforce all provisions of this section.