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Garden City City Zoning Code

§ XXIV

HEIGHT AND AREA EXCEPTIONS.

1. 
Generally.
The regulations and requirements as to height of buildings and area of lots which may be occupied by buildings, yards, and other regulations and requirements in the foregoing sections of this ordinance shall be subject to the following exceptions and additional regulations:
A. 
Height exception:
1. 
In any district, public or semi-public buildings, such as hospitals, churches, hotels, sanitariums, or schools, either public or private, where permitted may be erected to a height not exceeding 75 feet, provided that such buildings shall have yards the depth and width of which shall be increased one foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations in which such buildings are situated.
2. 
Dwellings in districts A, R-1, and R-2 may be increased in height not exceeding ten feet in addition to the limitations of 2-1/2 stories or 35 feet, as prescribed in such districts, provided that two side yards of not less than 15 feet in width each are provided. In no case shall such dwellings, however, exceed three stories in height.
3. 
Parapet walls and false mansards shall not extend more than six feet above the height in limit. Flagpoles, chimneys, cooling towers, electric display signs, elevator bulkheads, penthouses, finials, gas tanks, grain elevators, stacks, storage towers, radio, television, or microwave towers, ornamental towers, monuments, cupolas, domes, spires, standpipes, and necessary mechanical appurtenances may be erected as to height in accordance with the existing or hereafter adopted ordinances of the City of Garden City, Missouri.
4. 
On through lots 125 feet or less in depth, the height of a building may be measured from the curb level of either street. On through lots of more than 125 feet in depth, the height regulations for the street permitting the greater height shall apply to a depth of not more than 125 feet from that street.
5. 
The establishment of an airport or heliport within the City of Garden City shall be in conformity with the regulations and procedures set forth by the Federal Aviation Agency as required by law and reviewed by the planning and zoning board.
B. 
Area per family exceptions:
For any building used jointly for business and dwelling purposes or industry and dwelling purposes, the lot requirements per family shall be reduced in the same proportion as the floor area devoted to business or industry bears to the entire floor area of the building, provided that floor area below the first floor of such building shall not be included in any calculation under this provision.
C. 
Yard exceptions:
1. 
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed except for the ordinary projection of sills, belt courses, canopies, cornices, chimneys, buttresses, ornamental features, and eaves, provided, however, that none of the above projections shall extend into the court more than six inches nor into a minimum yard more than 36 inches; and provided further that canopies or open porches may project a minimum of six feet into the required front or rear yard [and] open paved terraces may project not more than ten feet into a front yard and existing open porches extending into the required yard shall not be enclosed.
2. 
An open fire escape may project into a required side yard not more than half the width of such yard, but not more than four feet. Fire escapes, solid floored balconies, and enclosed outside stairways may project not more than four feet into a required rear yard.
3. 
A terrace garage in districts A to R-1, inclusive, may be located in a front or side yard, provided that it is completely recessed into the terrace and that the height of the terrace is sufficient to cover and conceal the structures from above and further provided that the doors, when open, shall not project beyond any property line, and that the structure be set back at least four feet from the front property line.
4. 
In any district a detached accessory building not exceeding 24 feet or two stories in height or, in any case, not higher than the main building, may occupy not more than 30 percent of a rear yard, except that in districts M-1 or M-2, if such building is not more than one story or 16 feet high, it may occupy 40 percent of a rear yard. A detached accessory building may be connected with the main building by a lightly constructed, covered passage, open on each side, not more than six feet wide inside, the roof of which is not more than ten feet high at its highest point and is not an extension of the roof of the main building.
5. 
No rear yard shall be required in districts C-O to M-2 inclusive, on any lot for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection.
6. 
In computing the depth of a rear yard for any building where such yard abuts an alley, one-half of such alley may be assumed to be a portion of the rear yard. However, such portion of alley shall not be fenced in.
7. 
The zoning authority is authorized to deviate from yard measurements up to ten percent of the requirements in hardship cases without the referral to the board of zoning adjustment.
(Ordinance 2002-518 adopted 3/5/02)