Flower Hill City Zoning Code
ARTICLE IV
General Provisions
§ 240-21 Area computation.
[Amended 5-1-1978 by L.L. No. 2-1978; 7-6-1992 by L.L. No. 6-1992]
A.
The area occupied by accessory buildings and structures of whatsoever kind, nature or description shall be included in computing the maximum percentage of the lot area which may be built upon in any given district, except where otherwise specifically provided.
B.
No part of a front yard or rear yard having a depth or width which is less than 40 feet in the Residence R-1 District, 35 feet in the Residence R-2 District, 30 feet in the Residence R-3, R-4, R-5 or R-6 District or 20 feet in the Residence R-7 District shall be included in the calculation of the area of a lot.
[Amended 11-10-1999 by L.L. No. 3-1999]
§ 240-22 Continuation of prior work.
[Amended 7-6-1992 by L.L. No. 6-1992]
Nothing herein contained shall require any change in the plans of buildings the construction of which has proceeded to the completion of foundations and the setting of the first floor beams at the time of the adoption of this chapter and the construction of which shall be diligently prosecuted within a year of the date of the passage hereof and shall be completed within such year. The Board of Appeals may, in its discretion, extend the date of completion beyond the one year above fixed.
§ 240-23 Restoration of buildings.
[Amended 7-6-1992 by L.L. No. 6-1992]
Nothing in this chapter shall prevent the restoration of a building destroyed by fire, explosion, act of God or the public enemy to the extent of not more than 50% of the fair market value of the building, exclusive of land on which it is erected; or prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction; or prevent a change of such existing use under the limitations and restrictions imposed by Article III of this chapter, but any building destroyed in the manner aforesaid to an extent exceeding 50% of the fair market value of the building at the time of its destruction may be reconstructed and thereafter used only in such a manner as to conform to all the provisions of this chapter.
§ 240-24 Front yard requirements.
[Amended 7-6-1992 by L.L. No. 6-1992]
The depth of all front yards will be reckoned from existing street lines. Where the street has been widened or is proposed to be widened and this new width has been duly authorized and recorded on a duly filed map, the depth of front yards shall be reckoned from the new street lines.
§ 240-25 Corner lot requirements.
[Amended 7-6-1992 by L.L. No. 6-1992]
On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street by obscuring the view.
§ 240-26 Application for amendment or change of zone.
[Added 5-1-1973; amended 7-6-1992 by L.L. No. 6-1992]
A.
All applications to the Board of Trustees for an amendment to the Official Map or any change of zone shall be made by filing with the Village Clerk or Village Clerk-Treasurer a written application in triplicate upon the form supplied by the Village Clerk or Village Clerk-Treasurer, completely filled out, wherein there shall be set forth all the pertinent information required in said form and a concise statement of the changes sought. Each application shall have annexed to it all the surveys, drawings and site plans, complete with elevations, dimensions and distances plainly marked thereon, and/or other exhibits necessary for the proper consideration and determination of the application.
B.
In addition to the payment of the proper fees and costs set forth in Chapter A243, Fees, Charges and Deposits, the applicant shall file with the Village Clerk or Village Clerk-Treasurer either:
(1)
The written consents of the owners of all of the land included in such proposed change, all of the land within 200 feet of each property line of the land included in such proposed change and all of the land directly opposite thereto, extending 200 feet from the street frontage of such opposite land; or
(2)
In lieu of such contents, written proof that said owners described in Subsection B(1) have each been notified by the applicant, by registered or certified mail with return receipts, as to the date of the public hearing or other meeting on such application, including a statement of the amendment to the Official Map or rezoning requested. Such written proof, together with the return receipts of the mailing by registered or certified mail, shall be filed with the Village Clerk or Village Clerk-Treasurer not less than 10 days prior to the date set for public hearing or other meeting on such application.
§ 240-26.1 Building code violations; penalties for exceeding scope of permit.
[Added 8-3-2015 by L.L. No. 3-2015]
All building permit applications which have received approval or authorization by Building Department personnel, but are now deemed by the Building Department to be outside the scope of the Zoning Code, shall be hereby authorized for approval, provided a variance is granted to legalize either excess square footage (gross floor area), insufficient setback, sky exposure plane encroachment or excess height and the following penalties are paid:
A.
Square footage (gross floor area), setback, sky plane and height. A structure in excess of the maximum permitted under the Zoning Code shall be deemed authorized on the condition that the applicant pay additional permit fees as set forth in the following schedule:
B.
Setback. A structure that has less than the minimum allowed setback under the Zoning Code shall be deemed authorized on the condition that the applicant pay an additional permit fee of $1,500 per three inches beyond the setback authorized under the Zoning Code.
C.
Sky plane. A structure that penetrates the allowed sky plane under the Zoning Code and contains no height violation shall be deemed authorized on the condition that the applicant pay additional permit fees as set forth in the following schedule:
(1)
Per foot of encroachment beyond the sky plane authorized under the Zoning Code: $10,000.
D.
Height: A structure that exceeds the allowed height under the Zoning Code shall be deemed authorized on the condition that the applicant pay additional permit fees as set forth in the following schedule:
(1)
Per inch beyond the height authorized under the Zoning Code: $5,000.
E.
All measurement calculations are to be set by the Building Department and shall be rounded upward for purposes of permit fee costs.
F.
All penalties are subject to change by resolution of the Board of Trustees.