In residential zones, cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, headers, sills, pilasters, lintels, and other similar architectural features may extend into the required rear or side yard setback to a point not closer than two (2) feet from the property line.

In residential zones, cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses, headers, sills, pilasters, lintels, and other similar architectural features may extend into the required front yard setback to a point not closer than ten (10) feet from the property line.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4424, § 1, 11-21-05)

Editor's note— Ord. No. 4531, § 22, adopted July 13, 2009, repealed § 37-157, relating to general exceptions of lot size requirements, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.

(a)

The following exceptions to the front yard requirements are authorized for a lot in any zone:

(1)

On corner lots, the owner of the lot may determine which street the front of the lot shall face.

(2)

If there are dwellings on both abutting lots with front yards of less than the required depth of the zone, the front yard for the lot need not exceed the average front yard of the abutting dwellings.

(3)

If there is a dwelling on one abutting lot with a front yard setback of less than the required setback for the zone, the front yard setback for the lot need not exceed a depth one-half (½) way between the setback of the abutting lot and the required front yard setback.

(4)

The planning and zoning commission may establish greater yard requirements when the yard abuts a street which the city has designated for widening.

(b)

The community development director shall, upon written application therefor, grant permits allowing exceptions to front yard setback requirements in residential (R) zones, permitting encroachments up to ten (10) feet from the front property line, when all of the following standards are met:

(1)

No structure or other encroachment shall be permitted closer than thirty-five (35) feet from the centerline of any adjacent street.

(2)

The height of any structure or encroachment placed in the encroachment area (the "encroachment area" being any area within twenty (20) feet of the front lot line) shall be restricted as follows: structure height at the ten-foot line shall be zero feet; height may be increased three (3) feet for each foot beyond the ten-foot line, measured parallel with the front lot line. Height shall be measured from the top of the centerline of the adjacent street.

(3)

No front yard setback exception permit shall be granted until all owners of record of property within three hundred (300) feet of the property for which the exception is requested shall be notified by mail of the proposed exception and afforded an opportunity, within fifteen (15) days of the mailing of notice, to object in writing to the granting of such permit; nor until the director of community development and the director of public works of the city shall have been notified of the permit request. If no written objections from the director of community development, the director of public works, or any other person entitled to notice are received within fifteen (15) days of such notice, the zoning official shall approve the request and issue the permit, subject to the requirements of subsections (b)(1) and (2) of this section.

(4)

If any written objection to the granting of the permit is received within fifteen (15) days of such notice from any person entitled to notice, a hearing shall be held before the planning and zoning commission, pursuant to section 37-184 of this Code. Following such hearing, if the planning and zoning commission finds that:

a.

Traffic visibility and safety;

b.

Aesthetic appearance of the neighborhood; and

c.

Neighboring property values will not be adversely affected by the granting of the permit;

the permit shall be granted. Decisions of the planning and zoning commission may be appealed by any person entitled to notice of the proceedings, in accordance with section 37-185 of this Code.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4438, § 1, 4-10-06)

Except in the airport height zones specified in the airport overlay zones, the following types of structures or structural parts are not subject to the height limitations of this chapter: chimneys, tanks, church spires, belfries, domes, monuments, fire and hose towers, observation towers, transmission towers, smokestacks, flagpoles, radio and television towers, masts, aerials, cooling towers, elevator shafts, and other similar projections.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4822, § 10, 10-11-21)

Editor's note— Sec. 1 of Ord. No. 4896, adopted November 13, 2023, repealed § 34-159.1 in its entirety. Former § 34-159.1 pertained to setback from overhead electrical transmission lines, and derived from Ord. No. 4108, adopted August 15, 1994.