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Milan City Zoning Code

CHAPTER 5

ADDITIONAL REQUIREMENTS, EXCEPTIONS AND MODIFICATIONS

11-5-1: APPLICATION OF PROVISIONS:

The requirements and regulations specified in this title shall be subject to the additional requirements, exceptions, modifications and interpretations in this chapter. (Ord. 1301, 3-15-2004)

11-5-2: HEIGHT LIMITS EXCEPTIONS:

Height limitations stipulated elsewhere in this title shall not apply:
   A.   To barns, silos or other farm buildings, provided these are not less than fifty feet (50') from every lot line; to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, masts and aerials; and to parapet walls extending not more than four feet (4') above the limiting height of the building. However, if, in the opinion of the building inspector, such structures would adversely affect adjoining or adjacent properties, such greater height shall not be authorized except by the board of appeals.
   B.   To places of public assembly such as churches, schools and other permitted public and semipublic buildings not to exceed six (6) stories or seventy five feet (75'); provided, that for each foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district. (Ord. 1301, 3-15-2004)
   C.   To bulkheads, conveyors, derricks, elevators, penthouses, water tanks, monitors and scenery lofts; to cooling towers, grain elevators, gas holders or other structures where the manufacturing process requires a greater height and where a permitted use for the highest building otherwise permitted in the district. (Ord. 1301, 3-15-2004; amd. 2011 Code)
   D.   To hospitals; provided, that for each foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width and depth by an additional one-half foot (1/2') over the side and rear yards required for the highest building otherwise permitted in the district. (Ord. 1301, 3-15-2004)

11-5-3: LOT AREA REQUIREMENTS:

   A.   Existing Lots Of Record: In any district where dwellings are permitted, a one-family detached dwelling may be constructed on any lot of official record at the effective date hereof; provided, that proposed yard spaces satisfy requirements stipulated for the district in which said lot is located.
   B.   Lots Unserved By Sewer And Water: In any district where neither public water supply nor public sanitary sewer is accessible, the otherwise specified lot area and width requirement shall be twenty thousand (20,000) square feet and one hundred feet (100'), respectively; provided, however, that where a public water supply system is accessible and will be installed, these requirements shall be ten thousand (10,000) square feet and seventy five feet (75'), respectively; provided further, that the county health officer has certified that the said areas will be large enough to satisfy all applicable requirements concerning water supply and the disposal of sanitary wastes. (Ord. 1301, 3-15-2004)

11-5-4: LOT AREA PER FAMILY:

Where part or all of the off street parking spaces required for a two (2) dwelling unit dwelling are provided within the principal building, the minimum lot area per dwelling unit specified may be reduced by a maximum of twenty percent (20%), in accordance with the following formula: a/b x 20%, where a = the number of spaces provided within the principal building; and b = the number of spaces required for the dwellings. (Ord. 1301, 3-15-2004; amd. 2011 Code)

11-5-5: FRONT YARD EXCEPTIONS AND MODIFICATIONS:

   A.   Exemptions from front yard requirements apply: To bay windows or balconies occupying, in the aggregate, not more than one-third (1/3) of the front wall; provided, that these projections come entirely within planes drawn from either main corner of the front wall, making the interior angle of twenty two and one-half degrees (221/2°) in the horizontal planes with the front wall; to chimneys, flues, belt courses, leaders, sills, pilasters, uncovered porches or similar features not over three feet (3') high above the average finished grade and distant five feet (5') from every lot line.
   B.   Interior lots: In any district where the average depth of two (2) or more existing front yards on lots within one hundred fifty feet (150') in either direction of the lot in question and within the same block front less than the average depth of said existing front yards or the average depth on the two (2) lots immediately adjoining; provided, however, that the depth of a front yard in any R district shall be at least ten feet (10') and need not exceed thirty feet (30'). (Ord. 1301, 3-15-2004)
   C.   Corner lots: In any district where the average depth of two (2) or more existing front yards on lots within one hundred fifty feet (150') of the lot in question and within the same front is less than the least front yard described, the depth of the front yard on such lot shall not be less than the average depth of said existing front yards or depth of the front yard on the lot immediately adjoining; provided, however, that the depth of a front yard on a lot in any R district shall be at least ten feet (10') and need not exceed thirty feet (30'). (Ord. 1301, 3-15-2004; amd. 2011 Code)

11-5-6: SIDE YARD EXCEPTIONS AND MODIFICATIONS:

   A.   Along any district boundary line, an abutting side yard on a lot in the less restricted district shall have at least the width equal to that required in the more restricted district; and in a B-2 or I district, on a lot abutting a lot in any R district, such side yard for a building higher than the limiting height in such R district shall be increased by three feet (3') for each story over such limiting height.
   B.   Side yards shall be increased in width by two inches (2") for each foot by which the length of the side wall of the building adjacent to the side yard exceeds forty feet (40') in any R-1 or R-2 district, or fifty feet (50') in any R-3 district.
   C.   Side yards may be reduced by three inches (3") from the otherwise required least width or sum of the least widths for each foot by which a lot of record at the effective date hereof is narrower than the lot width specified for the district in which the lot is located in the case of buildings not higher than two and one-half (21/2) stories and in case the owner of record does not own any adjoining property; provided, however, that no side yard shall be narrower at any point than three feet (3').
   D.   No part of any accessory building shall be nearer a side street lot line than the least depth of any front yard required along such side street.
   E.   Side yards may be varied where the side walls of a building are not parallel with the side lot line or is broken or otherwise irregular, in which case, the average width, or narrower than three feet (3') in any case.
   F.   Structures or projections into side yards may be permitted as follows: fences, plantings or walls, not over six feet (6') above the average natural grade; fire escapes, three feet (3') from a side lot line; bays and balconies, not more than three feet (3') from the building, provided these projections are entirely within planes drawn from either main corner of the side wall, making an interior angle of twenty two and one-half degrees (221/2°) in the horizontal plane with the side wall. The sum of the lengths of such projection shall not exceed one-third (1/3) of the length of the side yard.
   G.   Chimneys, flues, belt courses, leaders, sill, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like into or over a required side yard not more than one and one-half feet (11/2').
   H.   Terraces, steps, uncovered porches, stoops or similar features not higher than the elevation of the ground story of the building and distant three feet (3') from a side lot line. (Ord. 1301, 3-15-2004)

11-5-7: REAR YARD EXCEPTIONS AND MODIFICATIONS:

   A.   Rear yards may be reduced by three inches (3") from the required least depth for each foot by which a lot at the effective date hereof is less than one hundred feet (100') deep in the case of a building not higher than two and one- half (21/2) stories and in the case the owner of record does not own adjoining property to the rear; provided, however, that no required rear yard shall be less than ten feet (10') deep.
   B.   Structures or projections into rear yards may be permitted as follows: fences, plantings or walls, not over six feet (6') above the average natural grade; fire escapes, six feet (6') from the building; bays and balconies, not more than three feet (3') from the building; provided these projections are entirely within the planes drawn from either main corner of the rear wall, making an interior angle of twenty two and one- half degrees (221/2°) in the horizontal plane with the rear wall. The sum of the lengths of such projections shall not exceed one-half (1/2) of the width of the rear wall.
   C.   Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like into or over a required rear yard not more than one and one-half feet (11/2').
   D.   Terraces, steps, uncovered porches or similar features not more than ten feet (10') into a required rear yard, nor closer than six feet (6') to an alley, or within ten feet (10') of a rear lot line or an alley lot line, or within six feet (6') of an accessory building. (Ord. 1301, 3-15-2004)