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Morton City Zoning Code

CHAPTER 17

44 - SUPPLEMENTARY YARD AND AREA REGULATIONS

Sections:


17.44.010 - Use of area.

In any residential use district, a parcel of land with a width and/or depth less than that required for a permissible residential use and existing prior to the effective date of the ordinance codified in this title, may be used as the site for one single-family dwelling; provided that all other regulation for the district, as prescribed in this title shall be complied with.

(Ord. 523 § 1 (part) Exh. A § 9.010, 1998)

17.44.020 - Access to streets.

Every use of land other than for agricultural purposes, and every building or structure other than an accessory building or structure, shall be established only on a lot which abuts a dedicated public street and shall be provided with direct access to a dedicated public street.

(Ord. 523 § 1 (part) Exh. A § 9.020, 1998)

17.44.030 - Yards.

A.

No yard or other open space provided about any building or structure for the purpose of complying with the regulation of this title or amendments thereto, shall be considered as providing a required yard or open space or portion thereof, for any other building or structure.

B.

In any residential use district, if more than fifty (50) percent of the lots in a block fronting on one side of the street area developed with existing buildings, other than accessory buildings, having front yards less than are required for the district, a new dwelling on an interior lot may be provided with a front yard which is the average of the depths of the front yard of the buildings on the lots adjoining on either side of said interior lots; provided such a front yard shall not be less than fifteen (15) feet.

(Ord. 523 § 1 (part) Exh. A § 9.030, 1998)

17.44.040 - Through lots.

Each street frontage of a through lot shall meet the front yard requirements of the use district in which it is located.

(Ord. 523 § 1 (part) Exh. A § 9.050, 1998)

17.44.050 - Visibility at intersections in residential zones.

Fences, walls or hedges up to a maximum height of six feet may be installed except in the following instances in which they may only be four feet or made of a wire mesh:

A.

Within front and street side yard setback;

B.

Within a twenty (20) foot vision clearance triangle formed by the intersection of two street rights-of-way;

C.

Within a ten (10) foot vision clearance triangle formed by the intersection of an alley and street right-of-way.

(Ord. 523 § 1 (part) Exh. A § 9.060, 1998)

17.44.060 - Calculation of building height.

The determination of the height of a building shall be to the highest point of the structure when measured from the average point of elevation of the finished surface of the ground within five feet of a the structure, provided narrow projections such as chimney, spires, domes, elevator shaft housing, aerials, antennas and flagpoles shall not be considered.

(Ord. 523 § 1 (part) Exh. A § 9.070, 1998)

17.44.070 - Reserved.

Editor's note— Ord. No. 05-6, § 3 (9.080), adopted December 27, 2005, repealed § 17.44.070, which pertained to multiple principal structures and derived from Ord. No. 523, § 1 (part) Exh. A § 9.080, 1998.

17.44.080 - Accessory buildings and other structures—Satellite disks.

A.

Accessory building and structures shall comply with applicable side yard requirements.

B.

Accessory buildings and structures shall comply with applicable backyard requirements.

C.

On corner lots, accessory building in the side yard adjoining a street shall not be erected or altered so as to be nearer to the adjoining street line than fifteen (15) feet.

D.

Total area of accessory building located in a rear yard shall not exceed twenty-five (25) percent of the area of said rear yard.

E.

Accessory structures regulation shall apply to satellite disks as follows:

1.

Intent. The purpose of this section is to minimize the adverse visual and physical impacts of a satellite receiving system (antenna) in the city without disrupting signal reception for the user. A further purpose of this section is to set up standards governing the installation of such systems to protect the health, safety and welfare of the citizens of Morton.

2.

Permit Required. A building permit shall be required for the installation of any satellite receiving system, except when a satellite receiving system is included in the building permit application for a new commercial or residential structure. The city council shall review all applications and may set specific conditions of approval.

3.

Application Requirements. The application for the permit must include construction drawings showing the proposed method of installation and site plan depicting structures and planting on the property and all adjacent properties and a sworn statement in which the owner of a satellite receiving system shall assume complete liability in the case of person or property damage.

4.

The installation of any satellite receiving system and any structures constructed as part of the installation of said system must comply with the city's Uniform Building Code.

5.

The city council shall develop appropriate conditions for the location and screening of the individual satellite receiving system (hereafter referred to as an antenna) using the following regulations:

a.

An antenna shall not exceed twelve (12) feet in diameter and fifteen (15) feet in height, including their base, except commercial television (CATV) receivers included in city franchise agreements which may be larger if conditions warrant. Height shall be measured from the center of the mounting surface for a roof-mounted antenna and existing grade for a ground mounted antenna.

b.

Antennas thirty (30) inches or larger in any dimension shall be set back at least ten (10) feet from any property line and located outside of any easements or required setback areas. The setback is measured from the part of the antenna or its base nearest the property line.

c.

Antennas shall be screened and blended with their backgrounds to make them as inconspicuous as possible from streets and nearby properties.

d.

All satellite receiving systems shall be constructed and erected to withstand wind speeds of one hundred (100) miles per hour.

e.

All satellite receiving systems shall be equipped with an anti-climbing device to prevent unauthorized access.

f.

The applicant shall present documentation of the possession of any required licenses issued by any federal, state or local agency.

g.

No antenna structure shall be permitted in the proximity of any overhead electrical power line serving more than one dwelling or business unless the antenna structure is at least as far removed on a horizontal plane from the power line as the vertical height of the antenna structure.

h.

Only one system shall exist at any one time on any parcel of real property.

(Ord. 523 § 1 (part) Exh. A § 9.090, 1998)