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Hapeville City Zoning Code

ARTICLE 22

- EXCEPTIONS AND MODIFICATIONS

Sec. 93-22-1.- Lot of record.

Except as herein provided, in any residential zone where the owner of a lot, at the time of the adoption of this chapter, or his successor in title thereto, does not own sufficient land to enable him to conform to the minimum lot area and/or frontage requirements of this chapter, the lot may be used as a building site for a single-family detached residence; and provided further that the minimum yard, setback and floor area requirements for the zone in which the lot is located are maintained.

(Code 1981, § 8-5-181)

Sec. 93-22-2. - Combination of adjoining and vacant lots of record.

If two or more adjoining and vacant lots with continuous frontage are in a single ownership at any time after the adoption of this chapter, and those lots individually are less than the lot width requirements for the zone in which they are located, those groups of lots shall together be considered as a single lot or shall be grouped into several lots of minimum permitted size, and the resulting lot or lots shall be subject to the dimensional requirements of this chapter.

(Code 1981, § 8-5-182)

Sec. 93-22-3. - Front yard setbacks.

The setback requirements of this chapter for dwellings shall not apply to any lot where the average existing building setback line on lots located wholly or in part within 100 feet on each side of any lot, within the same block and zoning district, and fronting on the same side of the same street as that lot, is less than the minimum setback required. In such cases, the setback on that lot may be less than the required setback but not less than the average of the existing setbacks on the aforementioned lots, or within ten feet of the street right-of-way, whichever is greater.

(Code 1981, § 8-5-183)

Sec. 93-22-4. - Exceptions to height limits.

(a)

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, transmission towers, chimneys, smokestacks, conveyors, flagpoles, masts and aerials.

(b)

In no case shall an exception be granted which will be in conflict with air navigation as indicated by the standards of the Federal Aviation Administration.

(Code 1981, § 8-5-184)

Sec. 93-22-5. - Existing churches.

The provisions of this chapter regulating expansion of nonconforming uses shall not apply to an existing church increasing the size of its present building, rebuilding or building new facilities; provided that any new building or portion thereof has a minimum front, side and rear setback of 40 feet; except a front setback of less than 40 feet may be allowed if the setback is no nearer the street than the existing setback line of existing buildings.

(Code 1981, § 8-5-185)