The regulations specified in this chapter shall be subject to the following exceptions and interpretations:
1. Use of Existing Lots of Record. In any district where dwellings are permitted, a single-family detached dwelling may be located on any lot or plot of official record as of March 25, 1996, irrespective of its area or width; provided, however, in all districts other than the “R-1 Single-Family Detached Residential District”, if two or more such lots or plots, or parts thereof with continuous frontage are combined into single ownership, such lots or plots or parts thereof shall be considered buildable only if they have a total combined minimum width of 50 feet. In the “R-1 Single-Family Detached Residential District”, if two or more such lots or plots or parts thereof with continuous frontage are combined into single ownership, such lots or plots or parts thereof shall be considered buildable only if they have a total combined minimum width of 80 feet.
A. The sum of the side yard widths of any such lot or plot shall not be less than 30 percent of the width of the lot, but in no case less than 10 percent of the width of the lot for any one side yard.
B. The depth of the rear yard of any such lot need not exceed 20 percent of the depth of the lots, but in no case less than 10 feet.
2. Structures Permitted Above the Height Limit. The building height limitations of this chapter shall be modified as follows:
A. Chimneys, cooling towers, cell towers, small wind energy conversion systems, elevator bulk-heads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers and spires, radio or television towers or necessary mechanical appurtenances may be erected to a height in accordance with a special use permit subject to the provisions contained herein and elsewhere within this City Code and further provided that a fall zone setback equal to 150 percent of the total system height has been met unless said fall zone setback requirement has been waived by City Council.
B. Public, semi-public or public service buildings, hospitals, sanatoriums, schools, business colleges and related structures, churches and temples, when permitted in a district, may be erected to a height not exceeding 125 feet, if the building is set back from each property line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.
C. Single-family dwellings and two-family dwellings in the residence districts may be increased in height but not more than 10 feet when two side yards of not less than 15 feet each are provided, but they shall not exceed three stories in height. Single-family semi-detached dwellings in residence districts may be increased in height by not more than 10 feet when one side yard of not less than 15 feet is provided, but they shall not exceed three stories in height.
D. Notwithstanding the provisions of Section
165.10 and Section
165.11, principal buildings in any “C-2” or “M” zoning district may be erected to a height not exceeding 125 feet and the otherwise applicable maximum story limitation waived if the portion of the building in excess of one story in height is set back from the applicable front, side and rear yard at least three-fourths of one foot for each one foot of additional building height above the height limit otherwise provided for in the zoning district in which the building is located.
3. Exceptions to Yard Requirements.
A. Yards Adjacent to Alleys. In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens on an alley, one-half of the alley width may be included as a portion of the rear or side yard as the case may be.
B. Minor Obstructions. Every part of a required yard shall be open to the sky unobstructed with any building or structure, except for a permitted accessory building in a rear yard and except for ordinary projections as specified in Section
165.06. However, in a “C-2” Commercial District, an “M-1” Light Industrial District or and “M-2” Heavy Industrial District, one sidewalk arcade, canopy or similar architectural feature may be established and maintained in the front yard of an interior lot or in the front yard or street side yard of a corner lot; provided, the roof area occupied by such feature shall not exceed 600 square feet. In any “C-2”, “M-1” or “M-2” District, one such feature, not to exceed 600 square feet of roof area, may be established and may be maintained in the front yard of any interior lot, and two such features, not to exceed 600 square feet of roof area each, may be established and may be maintained in the front yard or street side yard of a corner lot.
C. Atypical Setbacks. In residential areas where some lots are developed with a front yard that is less than the minimum required for the district by this chapter, or where some lots have been developed with a front yard greater than required by this chapter, the following rule shall apply. The front yard depth for a principal building (nursing and convalescent homes excluded) located on a lot within 250 feet of any portion of two or more lots in the same block occupied by dwellings that front on the same street as the proposed principal dwelling shall be the average front yard depth of such existing dwellings. The distance shall be measured along the street line from the nearest corner of the lot under consideration.
(1) Buildings located entirely on the rear half of a lot shall be counted.
(2) Buildings shall not be required to have a front yard greater than 50 feet or less than that required in the zoning district in which it is located.
(3) If no buildings exists on one side of a lot within 250 feet of the lot in question, the minimum front yard shall be the same as the building on the other side.