Mount Horeb Village
City Zoning Code
City Zoning Code
ARTICLE VI
Modifications
17.71 Modifications of height limitations.
The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:
(1)
Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this chapter.
(2)
Special structures, such as elevator penthouses, gas tanks, grain elevators, scenery lofts, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, and smoke stacks, are exempt from the height limitations of this chapter.
(3)
Essential services, such as utility poles and towers, water towers, electric power and communication transmission lines, are exempt from the height limitations of this chapter.
(4)
Communication structures, such as radio and television transmission and relay towers, aerials, and observation towers, shall not exceed in height three times their distance from the nearest lot line.
(5)
Agricultural structures, such as barns, silos, and windmills, shall not exceed in height twice their distance from the nearest lot line.
(6)
Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structure exceed the district's maximum height requirement.
(7)
Penthouses, stage towers, scenery lifts, elevators, bulkheads, clock towers, cupolas, water tanks, and similar structures and mechanical appurtenances may be erected on a building to a height greater than the limit for the district in which the building is located, provided that no such exception shall cover, at any level, more than 25% of the area of the roof on which it is located; provided, further, that no exception shall be used for sleeping or housekeeping purposes or for any commercial purpose other than such as may be incidental to the permitted use of the main building.
17.72 Lot width and area.
Requirements as to lot width and area for the construction of a one-family dwelling shall not apply to any lot having less than the required area or width at the time of adoption of this chapter or any amendment thereof increasing the area of width required for such a lot, and held at the time in separate ownership from that of adjoining land, provided that the area and the width of such existing lot shall be no less than 75% of the required minimum set forth in the subject zoning district.
17.73 Residential setbacks.
[Amended 11-6-2013 by Ord. No. 2013-10]
In residential districts, except for corner lots, required setbacks shall be modified in the following cases:
(1)
Where 50% or more of the frontage on a block is occupied by residences having setbacks less than that required by this chapter, setback on each remaining lot shall be determined in accordance with the following rule. The front building line of a proposed structure shall be no nearer the front lot line than a line joining adjacent front corners of the nearest principal structures which are in the same block frontage on either side of the proposed structure. If, on a block frontage, no principal structure exists to one side of a proposed structure, a structure may be assumed to exist on the corner lot which conforms to the minimum setback and side yard width requirements of this chapter.
(2)
In the "Old Village Area," as defined in Subsection (3) below, lots in the R-1 Zoning District used for single-family dwellings and lots in the R-2 Zoning District used for single-family or two-family dwellings shall have side yard setbacks of no less than eight feet per side for the dwelling, and no less than three feet for an accessory structure; and shall have a rear yard setback of no less than 30 feet for the dwelling and five feet for the accessory building.
(3)
The "Old Village Area" consists of:
All properties located within the developed area of the Village on April 3, 1934, the date on which the Village of Mount Horeb adopted its Zoning Ordinance, as located within the following boundary: | |
Beginning at the intersection of North 8th Street and Springdale Street; thence easterly along the center line of Springdale Street to the center line of the Military Ridge State Trail; thence southwesterly along the center line of the Military Ridge State Trail to center line of South 8th Street; thence southerly along the center line of South 8th Street to center line of East Garfield Street; thence westerly along the center line of East Garfield Street to the center line of South 5th Street; thence southerly along the center line of South Fifth Street to the center line of Academy Street; thence westerly along the center line of Academy Street to the center line of South 2nd Street; thence southerly along the center line of South 2nd Street to the center line of Carver Street; thence westerly along the center line of Carver Street to the center line of the public alley located west of South First Street; thence northerly along said public alley to the center line of the Military Ridge State Trail; thence westerly along the center line of the Military Ridge State Trail to the center line of Blue Mounds Road; thence northerly along the center line of Blue Mounds Road to the northern line of West Main Street; thence easterly along the northern line of West Main Street to the common boundary between 306 and 304 West Main Street; thence northerly along said common boundary and continuing northerly along the rear lot lines of lots located along the west side of North Washington Street to the center of the intersection of Wilson Street and Lake Street; thence northerly along the east line of Lake Street to the common boundary between 216 Wilson Street and 205 Lake Street; thence easterly along rear lot lines of the lots located on the north side of Wilson Street to the center line of North Grove Street; thence northerly along the center line of North Grove Street to its terminus at the southern boundary of Stewart County Park; thence generally easterly along the northern boundaries of 225 North Grove Street, 306, 308 and 311 North Second Street, and 204, 308 and 310 Park Street to the center line of North Fourth Street; thence southerly along the center line of North Fourth Street to the center line of the public alley located between Forest Street and Oak Street; thence easterly along the center line of said public alley to its eastern terminus; thence generally southerly along the east and south boundaries of 414 Oak Street to the center of the intersection of Oak Street and Thompson Street; thence southerly along the center line of Thompson Street to the center line of Springdale Street; thence northeasterly along the center line of Springdale Street to the intersection of Springdale Street and 8th Street, the point of beginning; and, in addition, all lots of record located outside of this boundary, that were created within, or beyond the Village Limits and subsequently annexed into the Village, on or before April 3, 1934. | |
17.74 Extensions of structures into required yards and public rights-of-way.
[Amended 10-4-2000 by Ord. No. 2000-15]
(3)
Decks attached to the principal structure may extend into the required side and/or rear yard a distance no greater than 37 1/2% of the required setback for that particular zoning district, subject to the following:
(a)
Only decks which are open and without a roof may extend into a required yard.
(b)
That part of a multilevel deck which is not at the same level as that part thereof which is attached to the principal structure and which is less than 24 inches above grade shall be considered an accessory structure.
(c)
The total area of any deck may not exceed 25% of the required yard into which such deck extends.
(4)
Subject to Subsections (1) and (2), above, canopies attached to business structures at the front property line in the CB Central Business District may extend over the public right-of-way a distance of up to five feet. A permit shall be required for a canopy which extends into any part of such right-of-way being used as a street.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
17.75 One principal residential building per lot.
No more than one principal residential building shall be located on a lot.
17.76 Lots must front on street.
Except as otherwise provided by this article, all lots shall front on a public street.
17.77-b Building on adjacent lots.
[Amended 11-3-2004 by Ord. No. 2004-26]
No building shall be constructed, erected or placed on any lot of record unless it will comply with all applicable setback requirements of this chapter. Owners of two or more adjacent lots or parcels may not treat such lots or parcels as a single lot or parcel for purposes of meeting the requirements of this chapter.