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North Utica City Zoning Code

CHAPTER 18

EXCEPTIONS AND MODIFICATIONS

10-18-1: LOT OF RECORD:

When a lot which is an official lot of record at the effective date hereof does not comply with the area, yard, or other requirements of this title, and the plat of subdivision has been previously approved and contains setback lines, then that plat of subdivision shall supersede this title where inconsistent. Further, such a lot may be used as a building site; provided, however, that there is compliance, as closely as possible in the opinion of the planning commission, with the yard and other requirements of the district. (Ord. 2008-35, 12-10-2008)

10-18-2: ALLOWED PROJECTIONS INTO YARDS:

   A.   Architectural Features:
      1.   Architectural features of buildings, such as windowsills, cornices, and roof overhangs, may project into the required yard, provided such projection is not more than two feet (2').
      2.   Open fire escapes, fireproof outside stairways, chimneys, and flues may project into the rear yard not more than five feet (5').
      3.   Ground floor terraces or patios may extend into the rear yard, not, however, to within five feet (5') of either side lot line.
   B.   Business Structures: Signs, awnings, canopies, and marquees, as attached to and part of a building, may project into the front yard in the C-1 central business district only and shall comply with the regulations of chapter 15 of this title.
   C.   Accessory Buildings:
      1.   One-story accessory buildings may project into side or rear yards; provided, that:
         a.   The building does not occupy more than thirty percent (30%) of the rear and side yards.
         b.   It projects into the side or rear yards, provided it projects no closer than six feet (6') to the side or rear lot lines.
         c.   Garage accessory buildings entered from an alley are not closer than twenty feet (20') to the alley line.
         d.   Projections into the front yard on corner lots are allowed where adherence to two (2) front yards would reduce the buildable width for accessory buildings below the minimum requirements. However, in no case shall the buildable width for accessory buildings be reduced to less than twenty five feet (25').
      2.   See subsection 10-7A-4A3 of this title for further exceptions.
   D.   Fences:
      1.   Fences may be constructed in or project into yards; provided, that:
         a.   No fence or planting more than three feet (3') high or thirty percent (30%) solid shall be located within twenty five feet (25') of a street intersection;
         b.   No fence more than four feet (4') high may be located closer to the front of the lot than the principal building; and
         c.   No fence more than six feet (6') high shall be allowed on any part of the lot, except in an I-2 district.
      2.   Fences shall conform to chapter 16 of this title.
   E.   Signs:
      1.   Freestanding signs (not attached to a building), as permitted in the particular district, may project into the front yard; except, however, no freestanding signs shall be permitted in the C-1 central business district.
      2.   No sign in any district shall be permitted to overhang any property line or be within ten feet (10') from any public right of way.
   F.   Fuel Pumps And Canopies:
      1.   At automobile service stations and gasoline stations, pumps, pump islands, and associated fixtures located on the lot may be located within a required setback, provided they are not less than fifteen feet (15') from any right of way line and not less than forty feet (40') from the boundary of any residential district.
      2.   Fuel pumps and pump islands may be located beneath a fixed and permanent canopy; provided, that the leading edge of the canopy is set back from all property lines not less than ten feet (10'), and the support structures are situated so that clear sight distances are unobstructed along adjacent streets.
   G.   Lighting: Light standards may be located within a required yard setback, provided such standards are located not less than five feet (5') from any right of way line, nor within ten feet (10') of any residential district. Any lighting used shall be so arranged as to reflect the light away from adjoining property.
   H.   Telecommunications Towers: Telecommunications towers may be constructed if they are located with setbacks on all sides at least one-fourth (1/4) the height of the tower. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

10-18-3: HEIGHT OF BUILDINGS AND STRUCTURES:

   A.   Public And Semipublic Buildings: Public buildings, places of worship, temples, hospitals and institutions may exceed the height limit to a total height of sixty feet (60'), provided all yards required in the particular district are increased one foot (1') for each one foot (1') in excess of the height limitation. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)
   B.   Architectural Or Mechanical Appurtenances: Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, flagpoles, monuments, stacks, stage towers, scenery lofts, tanks, water towers, spires, radio and television towers, wireless telecommunications towers, grain elevators, or other such architectural and mechanical appurtenances are exempt from height regulations.
   C.   Storage Buildings: Storage buildings are exempt from the story limitations (but not the number of feet limitation) for the district in which they are located.
   D.   Roof Mounted Satellites Or Antennas: Roof mounted satellites or antennas shall not exceed fifteen feet (15') above the roof line. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

10-18-4: BUILDINGS UNDER CONSTRUCTION:

Nothing in this title shall be deemed to require any change in the plans, construction, or designated use of any building or structure upon which actual construction was lawfully begun prior to the effective date hereof and upon which building or structure actual construction has been diligently carried on, and provided further, that such building or structure shall be completed within one year from the effective date hereof. If such structure, when completed and occupied, is in conflict with any provision of this title, it shall be classified as a nonconforming structure subject to the regulations of chapter 13 of this title. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

10-18-5: MULTIPLE BUILDINGS ON A LOT:

If more than one principal building, other than in a "planned unit development" as defined in chapter 11 of this title, is built upon a single lot, each building shall satisfy the setback requirements of this title in the same manner and degree as if they were on two (2) or more separate lots. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)