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Garfield City Zoning Code

ARTICLE VIII

Bulk, Height and Other Requirements

§ 341-32 Schedule of regulations.

The attached schedule entitled "Schedule of Regulations as to Bulk, Height and other Requirements" is hereby adopted and declared to be a part of this chapter and may be amended in the same manner as any other part of this chapter.[1] The regulations listed in said schedule for each district are hereby adopted and prescribed for such district and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application, except as modified by the following special provisions:
A. 
The required lot width and area regulations for the construction or improvement of a one-family dwelling shall not apply to any lot having less than the required area or width at the time of the adoption of this chapter and held at that time in separate ownership from that of adjoining land, provided that the area and width of such existing lot shall be no less than 75% of the required minimum set forth in the schedule of regulations.
B. 
Penthouses, elevators, bulkheads, clock towers, cupolas, water tanks and similar structures and mechanical appurtenances may be erected on a building to a height greater than the limit for the district in which the building is located, provided that no such exception shall cover at any level more than 25% of the area of the roof on which it is located.
C. 
The height limitations of this chapter shall not apply to church spires, belfries, standpipes, water towers, flagpoles, monuments or radio or television antennas.
[Amended 9-7-1993 by Ord. No. 2129]
D. 
The parapet wall or cornice solely for ornamental purposes may exceed the height limit established for the district but not to exceed five feet.
E. 
Extensions of a structure into a required front or rear yard shall be permitted as follows:
(1) 
By cornices, canopies and similar extensions which are 10 feet or more above grade: one foot.
(2) 
By open, fireproof fire escapes: four feet.
(3) 
By eaves: two feet.
(4) 
By any terrace or uncovered porch having its floor level no higher than the floor level of the first story of the building and having no railing or other member higher than three feet above floor level: six feet.
F. 
Extension of a structure into a required side yard shall be permitted as follows:
(1) 
Same as permitted for extensions into required front yards, except that no porch, terrace or outside stairway shall project into any required side yard unless such construction is no higher than the first-floor level of the house, exclusive of railing, is unroofed and unenclosed and is less than 10 feet in the dimension parallel to lot line, in which case it shall be permitted to project into required side yard not more than three feet six inches.
(2) 
Attached accessory buildings as in Article IX, § 341-33B.
G. 
A structure located on a corner lot shall have a side yard on the street side which is at least 60% of the required aggregate for both sides. However, the required width for one side shall not be reduced thereby.
H. 
Whenever a lot in an LM or I District abuts a lot in an R District, the rear and side yard provisions of the R District shall apply to the abutting yard of the lot in the LM or I District, unless the resultant rear yard depth or side yard width is less than would be required by the Schedule of Regulations as to Bulk, Height and Other Requirements of the lot in the LM District.
I. 
No front yard in an R District nor a front yard of a lot in a B District upon which is located a dwelling unit shall be used for the parking of motor vehicles, nor shall motor vehicles parked on any other front yard be permitted nearer than five feet to the right-of-way line of a street.
J. 
Whenever a lot in an LM or I District abuts a lot in an R District, there shall be located on such lot in the LM or I District, parallel to and immediately adjacent to such lot in the R District, a dense planting of evergreens or a hedge row or a rustic fence, any of which shall have a minimum height of six feet.
K. 
To provide for the eventual widening of certain thoroughfares, the required depth of front yard or required width of side yard, whichever abuts the right-of-way of the thoroughfare involved, shall be computed from a line parallel to the center line of such thoroughfare and distant from it as specified below:
(1) 
River Drive: 30 feet.
(2) 
Midland Avenue: 33 feet.
(3) 
Marsellus Avenue: 33 feet.
(4) 
Outwater Lane: 30 feet.
L. 
Development near railroads. In the event that any side or rear yard of any residential premises within any zone is adjacent to an operating railroad right-of-way or siding or spur which provides railroad services within any twelve-month period at any one occasion, then and in that event the minimum yard dimensions of such side or rear yard shall be double the minimum yard dimensions required but not less than 25 feet as measured from the closest rail.
[Added 5-16-1989 by Ord. No. 2011; amended 12-5-1989 by Ord. No. 2023; 12-19-1989 by Ord. No. 2028; 3-6-1990 by Ord. No. 2037]
M. 
Chimneys erected, constructed, replaced, altered or repaired on a structure shall be permitted as follows:
[Added 9-7-1993 by Ord. No. 2129]
(1) 
No chimney shall have a height greater than 10 feet above the maximum roof height established for that zone.
(2) 
No chimney shall cover any area of any structure, building or roof surface greater than 10% of the total surface area.
(3) 
All chimneys must be in compliance with the International Building Code of 2000 and its supplements and amendments. [2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
N. 
Bulk requirements for houses of worship.
[Added 2-11-2003 by Ord. No. 2359]
(1) 
Minimum lot size: 10,000 square feet.
(2) 
Minimum lot width: 100 feet.
(3) 
Minimum lot depth: 100 feet.
(4) 
Minimum front yard: 20 feet.
(5) 
Minimum side yards: 10 feet (one); 20 feet (both).
(6) 
Minimum rear yard: 10 feet.
(7) 
Maximum building height: 3 1/2 stories or 35 feet, exclusive of spires, towers and other ornamental features.
(8) 
Maximum building coverage: 50%.
(9) 
Maximum lot coverage: 80%.
[1]
Editor's Note: The schedule referred to is included at the end of this chapter.