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Pleasant Valley City Zoning Code

SECTION 400

200 Height and Area Exceptions.

[Ord. No. 284 §19, 9-21-1964; Ord. No. 1461 §4, 11-6-1989]
A. 
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 as follows in the foregoing Sections of this Chapter, shall be subject to the following exceptions and additional regulations.
1. 
Height.
a. 
In any district, public or semi-public buildings, such as hospitals, hotels, churches, sanitariums, or schools, either public or private, where permitted, may be erected to a height not exceeding seventy-five (75) feet, provided that such buildings shall have yards the depth or width of which shall be increased one (1) 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 (10) feet in addition to the limitations of two and one-half (2½) stories, or thirty-five (35) feet, as prescribed in such districts, provided that two (2) side yards of not less than fifteen (15) feet in width, each, are provided. In no case shall such dwelling, however, exceed three (3) stories in height.
c. 
Parapet walls, and false mansards shall not extend more than six (6) feet above the height limit. Flagpoles, chimneys, cooling towers, electric display signs, 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 existing or hereafter adopted ordinances of the Board of Aldermen of Pleasant Valley.
2. 
Area per family.
a. 
For any building used jointly for business and dwelling purposes or industry and dwelling purposes, the number of families permitted by the lot area requirements per family shall be reduced in the same proportion as the floor area devoted to business or industry bears to the entire floor area of the building, provided that floor area below the first (1st) floor of such buildings shall not be included in any calculation under this provision.
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 non-housekeeping rooms bears to the total floor area devoted to both uses.
3. 
Yard exceptions.
a. 
In Districts "R-1" to "R-4", inclusive, where lots comprising forty percent (40%) or more of the frontage, on the same side of a street between two (2) intersecting streets, (excluding reverse corner lots) are developed with buildings having front yards with a variation of not more than ten (10) feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage, except that where a recorded plat has been filed showing a setback line which otherwise complies with the requirements of this Chapter, yet is less than the established setback for the block as provided above, such setback line shall apply; provided that the Board may permit variations in case of hardship, or where the 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 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, belt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided however, that none of the above projections shall extend into a court more than six (6) inches nor into a minimum yard more than twenty-four (24) inches; and provided further that canopies or open porches having a roof area not exceeding sixty (60) square feet may project a maximum of six (6) 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 (½) the width of such yard, but not more than four (4) feet from the building. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet in a required rear yard.
e. 
A terrace garage in a District "R-1" to "R-4" inclusive may be located in a front or side yard provided that it is completely recessed into the terrace, and that the height of the terrace is sufficient to cover and conceal the structure from above, and further provided that the doors when open, shall not project beyond any property line, and that the structure be set back at least four (4) feet from the front property line.
f. 
If any district, a detached accessory building not exceeding twenty-four (24) feet or two (2) stories in height, or in any case not higher than the main building, may occupy not more than thirty percent (30%) of a rear yard, except that in Districts "R-4", "C-1", "C-2", "C-3", "M-1" or "M-2", if such building is not more than one (1) story or sixteen (16) feet high, it may occupy forty percent (40%) of a rear yard. A detached accessory building may be connected with the main building by a lightly constructed, covered passage, open on each side, not more than twelve (12) feet high and six (6) feet wide inside, and is not an extension of the roof of the main building.
g. 
Except as specifically required adjacent to ta District "R-1" to "R-4" inclusive, buildings in Districts "C-1", "C-2", "C-3", "M-1" or "M-2", used wholly or partially for business or industrial purposes, need not provide a side yard, provided that portion of such buildings which are designed or used for dwelling purposes shall provide any floor so used in addition to the front and rear yard requirements, open space equivalent to the area of side yards for buildings used exclusively for dwelling purposes in the district in which such building is situated.
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. In any district where buildings on adjoining lots, used exclusively for dwelling purposes, do not conform to the side yard requirements of this Chapter, the Board may vary the side yard requirements, provided that no building may be built nearer than three (3) feet to the side lot line and provided that the width of the building allowable under the regulations of this Chapter may not be increased.
i. 
In any district, the erection of one (1) solid color ten (10) foot maximum cross dimension television dish antenna located at grade shall be allowed provided the highest point of the dish and supporting structure shall be not more than twelve (12) feet above grade and no such dish shall be located in a front yard or closer than ten (10) feet to any other lot line by a permit from the Building Official as provided for Building Permits in the City of Pleasant Valley, with provisions for landscaping to conceal the base for permanent installation and provisions for temporary purposes limited to seventy-two (72) hours.