The requirements and regulations specified hereinbefore in this Ordinance shall be subject to the following exceptions, modifications and interpretations:
- Existing Lots of Record: Lots of record which exist prior to the adoption of this Ordinance and which are below the minimum requirements of the district in which they are located shall be treated as though they meet the minimum requirements of the district, and houses or buildings can be constructed or rebuilt on these lots provided they meet all requirements set up for that district and are conforming uses; and no parcel of land held under separate ownership at the time this Ordinance becomes effective shall be reduced in any manner below the minimum lot width and lot area required by this Ordinance except as permitted in RMC 16.12.140 paragraph B,4. However, lots of record that are forty (40) feet wide shall be allowed a minimum of five (5) foot side yards and it shall be mandatory that parking requirements on these 40 foot lots shall be located on the alley.
- Whenever possible, one or more lots held in one ownership at the time this Ordinance becomes effective shall be divided or joined to create building lots of the area, width, and depth as required by this Ordinance.
- In the case of a multiple-family district, the minimum lot area and width of the district shall be observed, the minimum areas per dwelling nonwithstanding.
- Height Limits: Height limitations stipulated elsewhere in this Ordinance shall not apply:
- To barns, silos or other farm buildings or structures on farms, provided these are not less than fifty (50) feet from every lot line; to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio towers, masts and aerials; to parapet walls extending not more than four (4) feet above the limiting height of the building; to outdoor theater screens, provided said screens contain no advertising matter.
- To places of public assembly in churches, schools and other permitted public and semi-public buildings, provided that these are located on the first floor of such buildings and provided that for each one (1) foot by which the height of such building exceeds the maximum height otherwise permitted in the district its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.
- To bulkheads, elevator penthouses, water tanks, monitors and scenery lofts, provided no linear dimension of any such structure exceeds fifty (50) percent of the corresponding street lot line frontage; or to towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height. Provided, however, that all such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five (25) feet in all parts from every lot line not a street lot line.
- Area Requirements: In any district, where neither public water supply nor public sanitary sewer is accessible, the otherwise specified lot area and frontage requirements, if less than the following, shall be: lot area – one (1) acre; lot frontage at building line – two hundred (200) feet; provided however, that where a public water system is accessible and will be installed, these requirements shall be twenty thousand (20,000) square feet, and one hundred twenty (120) feet, respectively, or such other minimum lot dimensions as may be established by percolation tests.
- Front Yard Exceptions And Modifications:
- In any R District, where the average depth of at least two (2) existing front yards on lots within one hundred (100) feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this Ordinance, the required depth of the front yard on such lot shall be modified. In such case, this shall not be less than the average depth of said existing front yards, or the average depth of existing front yards on the two (2) lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided, however, that the depth of a front yard on any lot shall be at least ten (10) feet and need not exceed fifty (50) feet.
- In any R District where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along said line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of twelve (12) percent or less to a private garage conforming to the requirements of this Ordinance, such garage may be located within such front yard, but not in any case closer than six (6) feet to the street line.
- Side Yard Exceptions Or Modifications:
- Side yard width may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such case the average width of the side yard shall not be less than the otherwise required least width; provided, however, that such side yard shall not be narrower at any point than one-half (1/2) the otherwise required least width, or narrower than six (6) feet in any case.
- Width of one side yard may be reduced, when authorized by the Commission, to a width not less than three (3) feet; provided the sum of the widths of the two side yards is not less than the required minimum, and further provided the distance between the proposed dwelling and another dwelling, existing or proposed, on any adjacent lot is not less than the required minimum sum of the widths of two side yards. Such reduction may be authorized only when the Commission finds it to be warranted by the location of existing buildings or conducive to the desirable development of two or more lots.
- Projections Into Required Yards:
- Certain architectural features may project into the required yards or courts as follows:
- Into any required front yard, or required side yard adjoining a side street lot line.
- Cornices, canopies, eaves or other architectural features may project a distance not exceeding two (2) feet, six (6) inches.
- Fire escapes may project a distance not exceeding four (4) feet, six (6) inches.
- An uncovered stair and necessary landings may project a distance not to exceed six (6) feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three (3) feet in height, or it shall not project closer than three (3) feet from the side property line.
- Bay windows, balconies, and chimneys may project a distance not exceeding three (3) feet, provided that such features do not occupy, in the aggregate, more than one-third (1/3) of the length of the building on which they are located.
- Subject to the limitations in the preceding paragraph, the above named features may project into any required side yard adjoining an interior lot line, a distance not to exceed one fifth (1/5) of the required least width of such side yard, but not exceeding three (3) feet in any case.
- Subject to the limitation in paragraph F,1,a, the features named therein may project into any required rear yards or into any required outer court the same distances they are permitted to project into a front yard.
- Patios and Uncovered Porches may be located in side and rear yards, provided that they are not closer than three (3) feet to any adjacent property line. If located closer than eight (8) feet, they shall be screened by an evergreen hedge or fence or wall not less than four (4) feet in height maintained in good condition. In the case of a corner lot, no patios or porches shall be closer to the side street lot line than the least depth required for such side yard.
- Fences, Walls and Hedges may be located in required yards as follows:
- If not exceeding at any point four (4) feet in height above the elevation of the surface of the ground, such may be located in any yard or court.
- If not exceeding at any point six (6) feet in height above the elevation of the surface of the ground at such point, measured on the abutting property, they may be located in any required rear yard or side yard, provided that on a corner lot, abutting in the rear the side lot line of another lot in any R District, no such fence, wall or hedge within twenty (20) feet of the common lot line shall be closer to the side street lot line than the least depth of the front yard required on such other lot fronting the side street.
- On a corner lot a fence or hedge over four (4) feet in height shall be not less than twenty (20) feet from the point of the intersection of the street right-of-way lines, or said lines extended, if said lines are joined by an arc or curvature.