The regulations and requirements as to height of buildings and area of lots which may be occupied by buildings, front yards, side yards, rear yards and other regulations and requirements in the foregoing sections of this chapter, shall be subject to the exceptions and additional regulations of this article.

(Code 1998, § 37-46; Ord. No. 2651, § 19)

(a)

In any district, public or semipublic buildings, such as hospitals, hotels, churches, sanitariums or schools, either public or private, where permitted, may be erected to a height not exceeding 75 feet; provided that such buildings shall have yards which shall be increased one foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

(b)

Dwellings in district R-1 or R-2 may be increased in height not exceeding ten feet in addition to the limitation of 2½ stories or 35 feet, as prescribed in such districts; provided that two side yards of not less than 20 feet in width each are provided. In no case, however, shall such dwelling exceed three stories in height.

(c)

Parapet walls and false mansards shall not extend more than six feet above the height limit. Flagpoles, chimneys, cooling towers, elevator bulkheads, penthouses, finials, gas tanks, grain elevators, stacks, storage towers, radio towers, ornamental towers, monuments, cupolas, domes, spires, standpipes and necessary mechanical appurtenances may be erected as to height in accordance with laws affecting the same.

(d)

On through lots 125 feet or less in depth, the height of a building may be measured from the curb level of either street. On through lots of more than 125 feet in depth, the height regulations for the street permitting the greater height, shall apply to a depth of not more than 125 feet from that street.

(Code 1998, § 37-47; Ord. No. 2651, § 19)

(a)

On lots where a public or community sewer is not available, the board of adjustment may, by variance, reduce the minimum lot area per family after proof by established and approved percolation tests that the soil conditions on that lot will safely permit a smaller absorption area.

(b)

For any building providing jointly for hotel and apartment house uses, the number of families permitted in apartments by the lot area requirements per family shall be reduced in the same proportion as the total floor area devoted to hotel or nonhousekeeping rooms bears to the total floor area devoted to both uses.

(Code 1998, § 37-48; Ord. No. 2651, § 19)

(a)

In districts R-1, R-2 and R-3, where lots comprising 40 percent or more of the frontage on the same side of a street between two intersecting streets, excluding reverse corner lots, are developed with buildings having front yards with a variation of not more than ten feet in depth, the average of such front yards shall establish the minimum front yard depth for the remainder of the frontage; provided that the board of adjustment may permit a variance in case of hardship, or where configuration of the ground is such as to make conformity with the front yard requirements impractical.

(b)

Where an official line has been established for future widening or opening of a street or highway upon which a lot abuts, then the depth or width of a yard shall be measured from such official line to the nearest line of the building.

(c)

Every part of a required yard or court shall be open from its lowest point to the sky, unobstructed, except for the ordinary projection of sills, bolt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided that none of the above projections shall extend into a court more than six inches nor into a required yard more than 30 inches; and provided further that canopies or open porches having a roof area not exceeding 60 square feet may project a maximum of six feet into the required front or rear yard; and existing open porches extending into the required yard shall not be enclosed.

(d)

An open fire escape may project into a required side yard not more than half the width of such yard, but not more than four feet from the building. Fire escapes, solid-floored balconies and enclosed outside stairways may project not more than four feet into a rear yard.

(e)

In any district, a detached accessory building not exceeding 24 feet or two stories in height, or in any case not higher than the main building, may occupy not more than 30 percent of a rear yard.

(f)

On any corner lot there shall be no planting, structure, fences or obstruction to vision more than three feet higher than the curb level within 25 feet of the intersection of the street lines.

(g)

No court shall have a width of less than ten feet, nor a width of less than 2½ inches, for each foot of height of the court.

(h)

No rear yard shall be required in districts C-1 to M-2, inclusive, on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection.

(i)

In computing the depth of a rear yard for any residential building where such yard abuts an alley, one-half of such alley may be assumed to be a portion of the rear yard.

(j)

A through lot having one end abutting a limited access highway, with no access permitted to that lot from the highway, shall be deemed to front upon the street which gives access to that lot.

(Code 1998, § 37-49; Ord. No. 2651, § 19)