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Mcrae Helena City Zoning Code

ARTICLE V

- APPLICATION OF REGULATIONS

Section 500: - Interpretation and Application.

In interpreting and applying this ordinance, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of the ordinance. Except as hereinafter provided, this ordinance shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any easements, covenants, or other agreements between parties. Whenever the provisions of this ordinance impose greater restrictions upon the use of land or buildings, or upon the height of buildings, or require a larger percentage of lot to be left unoccupied than the provisions of other resolutions, rules, regulations, permits, or any easements, covenants, or other agreements between parties, the provisions of this ordinance shall govern.

Except as hereinafter provided:

Section 501: - Use.

Except as provided in the variance procedure hereinafter set forth, no building or structure or land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered except in conformity with the regulations herein specified for the district in which it is located.

Any person may, however, seek a variance in the use and occupancy rule so established if such person intends to erect, construct or reconstruct a building or building which would substantially upgrade the property site. See Article III.

Section 502: - Height and Density.

1.

No building or structure shall hereafter be erected, constructed, reconstructed or altered to:

a.

Exceed the height limits; the height limits of this ordinance shall not apply to a church spire, belfry, cupola, dome, or ornamental tower not intended for human occupancy, monument, water tower, observation tower, transmission tower, chimney, smoke stack, conveyor, flag pole, domestic radio or television antennas, water towers, or similar structures. Height limits shall apply to signs of all types. The erection of commercial radio, television, wireless, relay, or other types of antenna towers, where permitted, shall abide by the regulations set forth therein;

b.

House a greater number of families or occupy a smaller lot area per family; or

c.

Have narrower or smaller front or side yards than are herein required.

2.

Right-of-way easements for streets and roads shall not be considered a part of a lot or open space, or front, rear, or side yard for the purpose of meeting yard requirements.

Section 503: - Lot-Size and Occupancy.

No lot, even though it may consist of one or more adjacent lots in the same ownership at the time of passage of this ordinance, shall be reduced in size so that lot width or size or yards or lot area per family or any other requirements of this ordinance is not maintained. This section shall not apply when a portion of a lot is acquired for a public purpose.

Section 504: - Yards and other Spaces.

No part of a yard or other open space or the off-street parking or loading space required about any building for the purpose of complying with the provisions of this ordinance shall be included as a part of the yard or off-street parking or loading space required for another building.

Section 505: - Limitation on Number of Principal Buildings on Lots in Residential Areas.

1.

Except as hereinafter provided, only one (1) principal residential building, except for [a] multi-family principal building, may hereafter be erected on any lot.

2.

No mobile, modular, manufactured or industrialized home may be added to an existing home or principal building.

Section 506: - Public Street Frontage.

No building shall be erected on a lot which does not abut at least twenty-five feet on a public street.

Section 508: - Wetlands or Groundwater Recharge Area.

You must check the Environmental Conservation, On-Site Sewer Management, and Permit Ordinance to be sure property is not concerned in a wetland or groundwater recharge area.