The height limitations stipulated elsewhere in this chapter shall not apply to the following.
(a) Farm buildings, architectural features and the like. Barns, silos and other farm buildings or structures on farms; to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio towers, masts and aerials; to parapet walls extending not more than four feet above the limiting height of the buildings and the like.
(b) Places of public assembly. Places of public assembly in churches, schools and other permitted public and semi-public buildings, provided, that these are located on the first floor of the buildings and provided that for each three feet by which the height of the 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) Elevator penthouses, water tanks and the like. Bulkheads, elevator penthouses, water tanks, monitors and scenery lofts, provided no linear dimensions of any such structure exceeds 50% of the corresponding street lot line frontage; or to towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height.
All structures listed in § 50-129 above the heights otherwise permitted in the district shall not occupy more than 25% of the area of the lot, and unless modified by the Board, shall be not less than 50 feet in all parts from every lot line not a street lot line.
§ 50-131.1 YARD MODIFICATIONS IN COMMERCIAL AND MANUFACTURING DISTRICTS.
(a) In any commercial and manufacturing district where there are front yards of existing buildings in the same block front which are greater or less than the minimum required front yard for that district, the required front yard depth shall be modified as follows: the front yard of any building hereafter erected or altered on a lot in such a block front which is located between existing buildings on both sides of the lot shall be as great but need not be greater than that of a line drawn between the two nearest front corners of the existing buildings on either sides. In the case where there is an existing building on one side only, the front yard of the building to be erected or altered shall be as great but need not be greater than that of the next adjoining building; provided, however, that where front yards so modified are greater than the required minimum front yard, the front yard may be further modified by lessening the front yard by one foot for each ten feet between the nearest front corners of the proposed building and the nearest adjoining building, but in no case less than the required minimum front yard and provided further where the front yards as first modified are less than the required minimum front yard, the front yard shall be further modified by increasing the front yard by one foot for each ten feet between the nearest adjoining existing building until the front yard equals the required minimum front yard.
(b) The Zoning Board of Appeals may, upon application filed as provided in § 50-159(a), authorize a front yard setback which is less than the front yard setback as modified by this section upon a finding that the requested front yard setback does not adversely affect the other properties in the same block front, provided the front yard setback is not less than the required minimum front yard setback. The owners of the record of any real property in the same block front shall be notified of such request in the same manner of notification as provided in § 50-159(e).
(Ord. 2503, passed 6-9-1975)
Flint City Zoning Code
ARTICLE XXIV
HEIGHT AND YARD MODIFICATIONS
§ 50-129 HEIGHT LIMITATIONS NOT APPLICABLE.
The height limitations stipulated elsewhere in this chapter shall not apply to the following.
(a) Farm buildings, architectural features and the like. Barns, silos and other farm buildings or structures on farms; to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio towers, masts and aerials; to parapet walls extending not more than four feet above the limiting height of the buildings and the like.
(b) Places of public assembly. Places of public assembly in churches, schools and other permitted public and semi-public buildings, provided, that these are located on the first floor of the buildings and provided that for each three feet by which the height of the 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) Elevator penthouses, water tanks and the like. Bulkheads, elevator penthouses, water tanks, monitors and scenery lofts, provided no linear dimensions of any such structure exceeds 50% of the corresponding street lot line frontage; or to towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height.
All structures listed in § 50-129 above the heights otherwise permitted in the district shall not occupy more than 25% of the area of the lot, and unless modified by the Board, shall be not less than 50 feet in all parts from every lot line not a street lot line.
§ 50-131.1 YARD MODIFICATIONS IN COMMERCIAL AND MANUFACTURING DISTRICTS.
(a) In any commercial and manufacturing district where there are front yards of existing buildings in the same block front which are greater or less than the minimum required front yard for that district, the required front yard depth shall be modified as follows: the front yard of any building hereafter erected or altered on a lot in such a block front which is located between existing buildings on both sides of the lot shall be as great but need not be greater than that of a line drawn between the two nearest front corners of the existing buildings on either sides. In the case where there is an existing building on one side only, the front yard of the building to be erected or altered shall be as great but need not be greater than that of the next adjoining building; provided, however, that where front yards so modified are greater than the required minimum front yard, the front yard may be further modified by lessening the front yard by one foot for each ten feet between the nearest front corners of the proposed building and the nearest adjoining building, but in no case less than the required minimum front yard and provided further where the front yards as first modified are less than the required minimum front yard, the front yard shall be further modified by increasing the front yard by one foot for each ten feet between the nearest adjoining existing building until the front yard equals the required minimum front yard.
(b) The Zoning Board of Appeals may, upon application filed as provided in § 50-159(a), authorize a front yard setback which is less than the front yard setback as modified by this section upon a finding that the requested front yard setback does not adversely affect the other properties in the same block front, provided the front yard setback is not less than the required minimum front yard setback. The owners of the record of any real property in the same block front shall be notified of such request in the same manner of notification as provided in § 50-159(e).