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Mcrae Helena City Zoning Code

ARTICLE XI

EXCEPTIONS AND MODIFICATIONS

Section 1101: - Existing Lots.

Where the owner of a plot of land consisting of one or more lots at the time of the enactment of this ordinance did not at the time own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this ordinance, such plot of land may nevertheless be used as a building site. The yard and other space requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit a house of minimum acceptable size to be built upon the lot.

Section 1102: - Front-Yard Setback for Dwellings.

The front-yard setback requirements of this ordinance for dwellings shall not apply on any lot where the average setback of existing buildings located wholly or in part within 100 feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required setback if the Planning and Zoning Commission make such a recommendation to the City Council and they approve it. In such cases, the setback on such lot may be less than the required setback but not less than the average of the setbacks of the aforementioned existing buildings if the Planning and Zoning Commission make such a recommendation to the City Council and they approve it.

Section 1103: - Group Projects.

A group project (housing, commercial, industrial, educational, medical, religious, civic) of two or more buildings to be constructed on a plot of land of at least two acres not subdivided into customary streets and lots, and which will not be so subdivided, may be constructed, provided:

1.

Uses are limited to those permitted within the district in which the project is located.

2.

The overall intensity of land use is no higher and the standard of open space is no lower than that permitted in the district in which the project is located.

3.

Building heights do not exceed the height limits permitted in the district in which the project is located.

4.

The distance of every building from the nearest property line shall meet the front-yard setback and side-yard requirements of the district in which the project is located.

5.

If the project lies within or abuts upon a residential district, there shall be a 10-foot wide planted buffer strip along the rear or side lot lines abutting the residential properties.

6.

A plot plan and description of the project is presented to the Planning Commission for review and is subsequently approved by the City Council.

Section 1104: - Trailer Park—Commercial.

Trailer Parks may be located within a C-1 General Commercial District provided:

1.

That such trailer court has its entrances upon a major street.

2.

That at least 3,000 square feet of lot area be provided for each trailer location.

3.

That for each trailer location there be off-street parking space provided for one automobile.

4.

That interior streets within such trailer courts have a paved width of no less than 16 feet exclusive of any parking space provided along such interior street.

5.

That there be a minimum building setback line of 40 feet from the centerline of interior streets.

6.

That there be a minimum building setback line of 75 feet from the centerline of any major streets.

7.

That the side and rear yard requirements for dwelling units within a residential (R-2) district be met.

8.

That there be a planted buffer strip at least 10 feet wide along the rear and side property lines of such trailer courts except where such property lines are common to street rights-of-way.

Section 1105: - Height Limits.

The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; or to monuments, water towers, transmission towers, chimneys, smokestacks, derricks, conveyors, silos or storage bins, flag poles, radio or television towers or aerials.

Section 1106: - Swimming Pool Regulations.

No swimming pool shall be so located, designed, operated or maintained as to interfere with the rights of the adjoining property. Lights used to illuminate any swimming pool shall be so arranged and shadowed as to reflect light away from adjoining premises. Residential swimming pools shall be classed as an accessory use and shall be subject to all yard requirements of accessory uses. All swimming pools shall be enclosed by a fence, wall or equivalent barrier at least six (6) feet in height.

Section 1107: - Townhouses.

All townhouse developments shall make efficient, economical, comfortable and convenient use of land and open space and serve the public purpose of zoning by means alternative to conventional arrangements of yard and building areas. No side or rear yard is required, except that the side yard setback on a street shall be the same as required for multi-family dwelling in the R-3 district. A minimum front yard of 25 feet is required. Each townhouse shall have its own lot area, one yard private and reasonably secluded from view of streets of neighboring property. Each townhouse shall have a direct automotive access from the off-street parking space to a public street. No portion of a group of contiguous townhouses shall be closer than twenty (20) feet to any portion of a townhouse in another group. Where permitted, townhouses shall only be required to meet the minimum lot area requirements per family of multi-family units although classified as single-family dwellings.