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Fort Payne City Zoning Code

ARTICLE VI

EXCEPTIONS AND MODIFICATIONS

Sec. 44-588.- Mandatory compliance; waivers.

Compliance with the requirements of this chapter is mandatory except that, under the specific conditions enumerated in the following sections, the requirements may be waived or modified as so stated.

(Ord. of 4-15-2008, § 7(intro. ¶))

Sec. 44-589. - Existing lots.

Where a lot of record at the time of the effective date of the ordinance from which this chapter is derived has less area than herein required for the district in which it is located, the lot may nonetheless be used as a building site upon appeal to and approval by the zoning board of adjustment. However, if the nonconforming lot of record is adjacent to vacant property under the same ownership, then the properties shall be re-surveyed into conforming lots.

(Ord. of 4-15-2008, § 7-1)

Sec. 44-590. - Minimum required front yard for dwellings.

The minimum required front yard requirements of this chapter for dwellings shall not apply on any lot where the average front yard of existing buildings is located wholly or in part within 100 feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required front yard. In such cases the front yard on such lot may be less than the required front yard, but not less than the average of the front yards of the existing buildings.

(Ord. of 4-15-2008, § 7-2)

Sec. 44-591. - Height limitations.

The height limitations of this chapter shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy, monuments, water towers, observation towers, chimneys, smokestacks, conveyors, flag poles, radio towers, television towers, masts, aerials and similar structures, except as otherwise restricted in the vicinity of airports.

(Ord. of 4-15-2008, § 7-3)