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Jacksonville City Zoning Code

CHAPTER 18

84 - EXCEPTIONS

18.84.010 - Lots of record.

Except as herein provided, in any residential district where the owner of a lot, at the time of the adoption of the ordinance codified herein, 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 title, such lot may be used as a building site for a single-family residence provided that minimum yard, setback and floor area requirements for the district in which said lot is located are maintained.

(Ord. 213, § 2101, 1969)

18.84.020 - 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 the ordinance codified herein and such lots individually are less than the lot width requirements for the district in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the resulting lot or lots shall be subject to the dimensional requirements of this title.

(Ord. 213, § 2102, 1969)

18.84.030 - Front yard setbacks.

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

(Ord. 213, § 2103, 1969)

18.84.040 - Group developments.

In the case of group development of two or more dwellings to be constructed on a plat of ground of at least five acres in area not subdivided into customary streets and lots and which will not be so subdivided or where the existing or contemplated street and lot layout make it impractical to apply the requirements of this title to the individual dwellings in such group developments, upon application to the City Council, the application of the terms of this title may be varied in a manner that will be in harmony with the character of the area and will insure substantially the same character of occupancy and an average intensity of land use no higher and a standard of open space no lower than permitted by this title in the district in which the proposed group development is to be located.

(Ord. 213, § 2104, 1969)

18.84.050 - Exceptions to height limits.

A.

The height limitations of this title shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, chimneys, smoke stacks, conveyors, flag poles, masts and aerials, penthouses, scenery lofts, sugar refineries, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances, provided their construction is in accordance with existing or hereafter adopted ordinances of the City and Pulaski County.

B.

In the thirty-five and forty-five-foot height districts, public or semi-public buildings or hospitals may be erected to a height not exceeding seventy-five feet when the front, side and rear yards are increased an additional foot for each foot such buildings exceed thirty-five and forty-five feet respectively in height.

C.

One-family dwellings in the thirty-five-foot height districts may be increased in height by not more than ten feet when two side yards of not less than twenty feet each are provided. Such dwellings, however, shall not exceed three stories in height.

(Ord. 213, § 2105, 1969)

18.84.060 - Area exceptions.

A.

For the purpose of side yard regulations the following dwellings with common party walls shall be considered as one building occupying one lot:

Semi-detached two-family and four-family dwellings and row-houses not more than two rooms deep.

B.

The front and side yard requirements for dwellings shall be waived where dwellings are erected above stores.

C.

In the case of a court apartment, side yards may be used as rear yards provided that:

1.

The required side yard shall be increased by one foot for each entrance or exit opening into or served by such yard;

2.

The width of the place or court shall not be less than three times the width of the side yard as required in this provision, provided that open, unenclosed porches may project into the required place or court not more than twenty percent of the width of such place or court;

3.

Where a roadway is provided in the place or court the width allowed for such roadway shall be in addition to the required above;

4.

All other requirements, including front, side and rear yards shall be complied with in accordance with the district in which such court apartments are locate.

D.

In computing the depth of a rear yard for any building where such yard opens onto an alley, one-half of such alley may be assumed to be a portion of the rear yard.

E.

An accessory building may occupy not more than six hundred and fifty square feet. An accessory building may be permitted without side or rear yard if located more than one hundred feet from the front or street line. An attached or detached garage may come to within one-half of the required side yard in the zone in which it is erected, provided the front of the garage is seventy-five feet from the front lot line. A Porte Cocere or carport may be built to within one-half of the required side yard, in the district in which it is built.

F.

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, cornices, buttresses, ornamental features and eaves; provided however, that role of the above projections shall extend into a court more than six inches nor into a minimum side yard more than twenty-four inches.

G.

No cornices shall project over the street line more than five percent of the width of such street, and shall in no case project more than four feet.

H.

Open or enclosed fire escapes, fireproof outside stairways and balconies projecting into a yard not more than five feet or into a court not more than three and one-half feet and the ordinary projections of chimneys and flues may be permitted by the building inspector where same are so placed as not to obstruct the light and ventilation.

(Ord. 213, § 2106, 1969)

18.84.070 - Service stations.

Service stations or gasoline filling stations shall be so constructed that for driveways parallel to the street boundary line the centerline of the pump shall be at least fifteen feet from the parallel street property line, and if on a corner lot, the end pump shall be at least fifteen feet from the other street property line; for driveways built diagonally across the corner lot, the centerline of pumps shall be at least twenty-five feet from the street corner of the lot and the end pumps shall be at least fifteen feet from the street property lines.

(Ord. 213, § 2107, 1969)

18.84.080 - Churches, schools and fire stations.

Churches, schools and fire stations shall be permitted in residential districts upon permit granted by the City Council after having advertised for fifteen days and setting a date to hear objections; in the event that twenty percent or more people within a radius of one hundred and sixty feet, excepting alleys and streets, object to proposed permit, then such permit shall not be granted except by favorable vote of two-thirds of all members of City Council.

(Ord. 213, § 2108, 1969)

18.84.081 - Mobile Home on School Ground.

The County Special School District shall be allowed to place mobile homes on public school grounds located within the City limits, for security purposes. The school board of the County Special School District shall be required to notify the City Inspector of their intentions before a mobile home shall be located on any school property. A limit of one mobile home per school location is allowed.

(Ord. 356, § 1, 1975)