1. Structures Permitted Above Height Limit. The building height limitations of this chapter may be modified as follows: Parapet walls not exceeding four feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, grain elevators, stacks, stage towers or scenery lofts, water tanks, radio and television towers, monuments, cupolas, domes and spires, and necessary mechanical appurtenances may be erected to a height greater than the permitted height in accordance with existing or hereafter adopted ordinances.
2. Double Frontage Lots. Buildings on through lots and extending through from street to street shall provide the required front yard on both streets.
3. Other Exceptions to Yard Requirement. Every part of a required yard shall be open to the sky unobstructed with any building or structure, except for a permitted accessory building in the rear or side yard, and except for ordinary projections not exceeding four feet, including roof overhang, eaves or gutters, awnings or canopies; projections not to exceed 30 inches, including bay windows, chimneys, flues, cornices, ornamental features or cantilevered stairs; projections not to exceed four feet are unenclosed balconies, fire escapes, or unenclosed stairs.
4. Special Use Permits. The Board of Adjustment, after public hearing, and after receiving a report by the Commission and subject to such restrictions and conditions as the board may deem necessary, may authorize the location, construction, extension, or structural alteration of the following buildings or uses by issuance of a special permit:
A. Airport, land field, or landing strip.
B. Area for dumping or disposing of trash or garbage.
C. Broadcasting towers, radio or television.
D. Exhibition area or fairground.
E. Hospitals, homes for the aged, nursing homes, nonprofit fraternal institutions, and any lawful use of property by organizations or entities which are exempt from tax under any provision of subchapter F, chapter 1, subtitle A of the Internal Revenue Code.
F. Mobile home parks, except in “R-1” and “R-2” districts, subject to all of the applicable requirements of
Chapter 145 of this Code of Ordinances.
G. Preschools, nursery schools, or child nurseries.
H. Signs bearing the name of a residential development.
J. Telephone exchanges and static transformer stations, water towers, pumping stations and sewage lift stations, provided there is no public business office or any storage yard or storage building operated in connection therewith.
K. Public swimming pools.
L. Such “M-2” uses as provided in Section
165.20.
M. Storage of not more than 20 obsolete and junk vehicles with subsequent crushing of such vehicles not more than once per week in an M-1 or M-2 district. Issuance of this permit shall not exceed twelve (12) months with the property reverting to prior permitted use restrictions. The previous permit holder may reapply for the issuance of such permit. No parts or salvage may be sold from any vehicle stored under this special permit.
N. Junk yards subject to the following conditions:
(1) No operation shall be permitted closer than 1,000 feet from any established R zone.
(2) All outdoor storage shall be conducted entirely within an enclosed fence, wall or other solid screen except for driveways. Such solid screen shall be constructed on or inside the lot lines and be constructed in such a manner that no outdoor storage or salvage operations shall be visible from an adjacent property or public right-of-way.
O. Light industrial use can be allowed in commercial zones, if the following conditions are satisfied. Violation of the conditions is a violation of this chapter and is treated as a municipal infraction.
(1) Industrial activities and material inventory must be contained within an enclosed space so that it cannot be detected from the lot lines.
(2) The industry shall not generate more vehicular traffic or pose a greater threat to neighbors and passersby than would a commercial use occupying the same site.
(3) There shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical or electronic disturbance detectable at the lot lines.
(4) An industrial use cannot be located in the main level storefront of a building in a commercial zone unless it is incidental to the retail business occupying the space.
Before issuance of any special use permit for any of the above buildings or uses, the board shall refer the proposed application to the Commission, which shall be given 45 days in which to make a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities, and other matters pertaining to the general welfare. No action shall be taken upon any application for a proposed building or use above referred to until and unless the report of the Commission has been filed; provided, however, if no report is received from the Commission within 45 days, it shall be assumed that approval of the application has been given by the Commission, unless an extension of time is requested and granted to the Commission.
5. Front Yard Exceptions. In “R-1”, “R-2” and “R-3” districts, where some lots are developed with a front that is less than the minimum required for the district by this chapter or where some lots have been developed with a front yard greater than required by this chapter, the following rule shall apply: Any new building or addition in front thereof shall not be closer to the street right-of-way than the average of the front yard of the first building on each side within a distance of 200 feet measured from building to building, except as follows:
A. Buildings located entirely on the rear half of a lot shall not be counted.
B. No building shall be required to have a front yard greater than 50 feet.
C. If no building exists on one side of a lot within 200 feet of the lot in question, the minimum front yard shall be the same as the building on the other side, but in any event, a front yard greater than 50 feet shall not be required.