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Ogdensburg City Zoning Code

§ 30-602

GENERAL EXCEPTIONS AND MODIFICATIONS.

A. 
Exceptions to Height.
Any portion of the roof structure above that which is used in measuring the height of a building as defined in this chapter, as well as penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, air conditioning equipment or similar equipment required to operate and maintain the building and fire or parapet walls, skylight, tower, spires, steeples, flagpoles, chimneys, smokestacks, monuments, water tanks, silos, or similar structures may be erected above the height limits prescribed by this chapter, but in no case more than 25% more than the maximum height permitted in the district except water tower and radio and television towers shall have no height restrictions and except further that all such facilities shall comply with any requirements of the Federal Aviation Agency. In addition to the foregoing, any height limitations set forth in this chapter shall not apply to Borough water structures.
B. 
Exception to Area Requirements.
Whenever title to two or more contiguous lots is held by the same owner regardless of whether or not each of said lots may have been approved as portions of a major subdivision, or acquired by separate conveyance or by other operations of law, and one or more of said individual lots should, by reason of exceptional narrowness, shallowness, topographical conditions, substandard area of yard space, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner for the purposes of this chapter, shall be considered as a single lot and the provisions of this chapter shall hold. Whenever land has been dedicated or conveyed to the Borough by a lot owner to meet the minimum street width requirements of the Land Subdivision Regulations or to implement the Official Map or Master Plan of the Borough, the Building Inspector shall issue building and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
C. 
Corner Lots.
Where a building is situated on a corner lot, in no case shall the building be closer than 20 feet to the curbline. Should the prevailing front yard setback of existing buildings along the street serving as a side yard of the corner lot be less than 20 feet, the building on the corner lot shall be set back at least 20 feet from the street serving as the side yard and the other side yard may be reduced to feet. On a corner lot the front yard shall be the yard between the front elevation of the building and the road which it faces. If the front elevation of the building is not parallel to either road, then both yards adjoining the road shall be considered front yards, for the purpose of meeting the front, side and rear yard requirements of this chapter, regardless of which way the building faces.
D. 
Exceptions to Side Yard Requirements.
Undersized lots where Section 30-507 is not applicable may be permitted a reduction in the side yard requirements in the same proportion as the width of the existing lot is to the minimum requirements of this chapter. However, in no case shall any side yard be less than 10 feet.
E. 
Parking of Commercial Vehicles in Residential Zones.
One registered commercial vehicle of a rated capacity not exceeding one ton on four wheels, owned or used by a resident of the premises, shall be permitted to a regularly parked or garaged on a lot in any residential district, provided that said vehicle is parked in a side or rear yard area, which area is relatively unexposed to neighboring properties and is screened from neighboring properties by plantings at least five feet in height. For purposes of this chapter, a commercial vehicle is a bus and/or vehicle containing advertising matter or not said vehicle is registered as a commercial vehicle with the New Jersey State Motor Vehicle Commission. The foregoing restriction shall apply to registered or unregistered construction equipment, except that this provision shall not be deemed to limit construction equipment which is used on the site for construction purposes.
F. 
Public Election Voting Places.
The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
G. 
Public Utility Lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses.