(a)

Nonconforming structures. If a building constructed prior to January 27, 1986 is located on a parcel which does not comply with the required minimum street frontage, and such building is damaged or destroyed by fire or other casualty, such building may be repaired, restored or reconstructed on such parcel, provided that:

(1)

When the building was originally constructed, the parcel satisfied the applicable minimum street frontage requirements then in effect; and

(2)

The building, as it is proposed to be repaired, restored or reconstructed, will comply with all building codes and other applicable ordinances (including those providing for setback lines), rules and regulations in effect at the commencement of such repair, restoration or reconstruction.

(b)

Parcels fronting on cul de sacs. If the entire street frontage of a parcel is located on a circular or semi-circular cul de sac, the minimum number of feet of the parcel which must abut a street, and the minimum width of the parcel at all points between the street line and the front setback line of the parcel, shall be at least 70 percent of the number required in the use regulations for the zoning district in which the parcel is located; provided, that the width of the parcel at all points between the front setback line and the rear boundary line of the parcel is equal to or exceeds the required minimum number of feet which a parcel in that zoning district must abut a street, as specified in the use regulations for such district.

(Ord. No. 1224, 2-26-96)

With respect to any parcel which, at the time of the adoption or amendment of this chapter, may be reduced in area by the widening of a public street to a future street line as indicated on a duly adopted major street plan of the city, measurements regarding required setbacks, yards, areas and the width of parcels and maximum building areas shall be made based on the future street line or street lines as the lot line or lines of such parcel.

(Ord. No. 1224, 2-26-96)

In general. If a lot which was created, in accordance with then applicable law, on or before January 23, 1950 does not have sufficient land to allow for the required area, setbacks, yards and related requirements of this chapter, an appeal may be made to the board of zoning adjustment for permission to use such lot as a building site. Said board shall hear such appeal as a variance, taking into consideration that the setback, yard, lot area or other matter for which a variance is requested should conform as closely as possible to the requirements for the district in which the lot is located.

(Ord. No. 1224, 2-26-96; Ord. No. 1794, § 4, 4-27-2009)

(a)

Projecting items and devices. The height limitations of this chapter shall not apply to: (1) Spires, towers, belfries, cupolas or domes which are part of a church, school or governmental building; (2) Chimneys which are part of a single-family or multi-family dwelling or other building; or (3) Flagpoles, antennas, aerials or masts for antennas or aerials; provided, that any such projection shall comply with all applicable provisions of the city code, as well as the statutes, rules and regulations of the United States of America, or any agency thereof, including, without limitation, the Federal Aviation Administration.

(b)

Churches, schools and governmental buildings. The height limitations set forth in the use regulations of the individual zoning districts shall not apply to churches, schools and governmental buildings; provided, that:

(1)

The minimum front and rear setbacks applicable to any such building (which shall be the front and rear setbacks for buildings in the district in which such building is located) shall each be increased by two feet for each one foot such building exceeds the height limit prescribed therein for other buildings in said district; and

(2)

Such building may not exceed three stories or 45 feet in height.

(Ord. No. 1224, 2-26-96)

Privacy walls and fences in excess of four feet in height may be constructed and maintained in the front, side and rear yards of any apartment houses, buildings composed of condominium dwelling units and townhouses which are constructed after April 13, 1992; provided, that no building permit may be issued for any such wall or fence, either separately or in conjunction with the construction of a building, without the prior written approval of the planning commission. Such walls and fences shall be subject to such conditions as the planning commission may impose for the preservation and protection of the established character of the district in which the building and wall or fence are located, and for the promotion of the purposes of this chapter in general. Application for any such wall or fence shall be filed with the zoning officer and shall be accompanied by a full description of the proposed wall or fence, including the proposed location, height, dimensioned construction plans and materials of construction.

(Ord. No. 1224, 2-26-96; Ord. No. 1770, 9(19-20-5), 5-12-2008)

Encroachments of certain architectural features may be allowed into required front, side, and/or rear setbacks in accordance with the standards of this subsection.

(1)

Cantilevered awnings and canopies may project into a required front, side, and/or rear setback no more than 3 feet.

(2)

Bay windows and greenhouse windows may project into a required front, side, and/or rear setback no more than 2 feet, including the drip line, with a maximum width of 8 feet.

(3)

Chimneys may project into a required front, side, and/or rear setback, no more than 2 feet, with a maximum width of 8 feet.

(4)

Cornices, pilasters, sills, and other similar decorative architectural features may project into a front, side, and/or rear yard no more than one foot.

(5)

Eaves may project into a front, side, and/or rear yard no more than 2 feet, with a minimum of 2 feet maintained to any adjoining lot line.

(Ord. No. 1970, § 1, 1-10-2017)