The following exceptions, set out in this chapter, are permitted subject to the conditions specified. (Ord. 1000 § 45.00, 1955)

Lots in the hillside areas may be developed in accordance with the following variations in property development standards, subject to commission review and approval:

   A.   On property having a downhill slope of twenty five percent (25%) or greater, measured in the general direction of the side lot lines, an additional story may be constructed on the main building; provided, however, that the ceiling of the lowest story shall be not more than two feet (2') above the curb level, measured at the center of the lot frontage.

   B.   1. On property having uphill or downhill slopes, as described in subsection A of this section, the commission may approve the construction of a residence or garage in the required front yard.

      2.   Authorized construction shall commence within a period of one year from the date of commission approval. The commission may grant an extension of time not to exceed one year upon determination of cause by the applicant.

      3.   Any change in conditions that pertained to the property at the time of approval shall void the approval.

   C.   Where no other method of access can be provided to serve lots in hillside areas, where the slope of the street is greater than ten percent (10%), and where the slope of the land is greater than twenty percent (20%), a private way not less than twenty feet (20') in width may be approved by the commission. (Ord. 1000 § 45.05, 1955)

Penthouses or roof structures or the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, personal television antennas, water tanks, silos, churches or similar structures, may be erected above the maximum height permitted in each district. No structure or penthouse shall be allowed for purposes of providing additional floor space. (Ord. 2433 § 2, 2000)

Where the entire frontage in a residential block is designed/developed as a unit, the following provisions may be applied:

   A.   The front yard requirements may be varied by not more than five feet (5') in either direction, provided that the average front yard for the entire frontage is not less than that required in the district.

   B.   The side yard provisions may be varied, provided that the combined total width of the two (2) side yards on a lot shall be not less than that required for lots in the district, and that the distance between the sides of buildings is not less than ten feet (10'). (Ord. 1000 § 45.20(a), 1955)

Where an area of more than five (5) acres is developed as a unit, the commission may review and approve the site plan for the development, providing the intent and purpose of this title is complied with, and where variations do not decrease the property development standards by more than ten percent (10%) in any requirement, and where the standards for relationships with abutting property are substantially improved by the proposals on such site plan. (Ord. 1000 § 45.20(b), 1955)

   A.   The individual lot area and dimension requirements of this title may be waived for the subdivision of property developed in accordance with the regulations of the state law governing condominium projects, provided that all local regulations pertaining to density, building height, setbacks, space between buildings, and other requirements applicable to the particular zone in which the property is located, shall be complied with.

   B.   Site plans and elevations for all condominium projects shall be submitted for commission review and approval at the same time a subdivision map is filed for tentative approval.

   C.   Copies of all appurtenances, covenants and deed restrictions providing for the maintenance of the premises subject to the interest in common shall be submitted to the city planning department with the application for the subdivision. The aforesaid documents shall be recorded in the office of the county recorder. (Ord. 1000 § 45.20(c), 1955)

   A.   Fire escapes may extend into any required yard not more than four feet (4').

   B.   Open, unenclosed stairways or balconies may extend into a rear yard not more than four feet (4'), and into a front yard not more than thirty inches (30").

   C.   Open, unenclosed porches, platforms or landing platforms which do not extend above the level of the first floor of the building may extend or project into the front or rear yard a distance of not more than six feet (6'), and such features may not extend into a court more than twenty percent (20%) of the width of such court, and not more than six feet (6').

   D.   Planting boxes may be permitted in a required yard.

   E.   Roof projections may extend into a required side yard as provided by this title, but not closer than two feet (2') to the side property line, nor creating less than four feet (4') of space between such projection and the closest point on any adjoining building.

   F.   Fireplace structures may be located in a required yard, provided they do not reduce the yard by more than two feet (2'), nor create any yard less than three feet (3') in width.

   G.   1. Portion Of Main Building: A portion of the main building, or an attached garage, not to exceed thirty feet (30') in width may project into the required rear yard area to within ten feet (10') of the rear property line, if a rear yard open space having a minimum dimension of fifteen feet (15') and containing a minimum area of one thousand five hundred (1,500) square feet for the R-1 and R-1-D districts; two thousand one hundred (2,100) square feet for the R-S district; and two thousand five hundred (2,500) square feet for the R-E, R-A, R-A-A, R-R and R-R-A districts, is provided. Such rear yard open space shall be located to the rear of the front setback line and may not contain any detached accessory buildings.

      2.   Permitted Projection: No permitted projection shall be located closer than ten feet (10') from any existing or potential structure on abutting residential properties.

      3.   Exception: Rear yard open space for substandard lots of record may be reduced below the required area in direct proportion to which the lot area is substandard for the zone district wherein it is located. In no case, however, shall the rear yard open space be less than one thousand (1,000) square feet.

   H.   Open, unenclosed, covered patios may project to within five feet (5') of the rear property line.

   I.   In all residential zones where the side yard of an existing residence is nonconforming with the side yard provisions of the zone, additions to the residence may be permitted to be built along the same horizontal plane as the nonconforming side yard provided the following conditions are met:

      1.   The square footage of the addition does not exceed fifty percent (50%) of the square footage of the existing unit;

      2.   All other provisions of the zone district, especially maximum coverage by structures, and rear yard requirements, are complied with;

      3.   In no case shall the addition be less than three feet (3') from the property line. (Ord. 2333 § 40, 1997: Ord. 2054 § 1, 1988: Ord. 1000 § 45.30, 1955)

The minimum lot dimension(s) and area requirements for a residential zone may be waived for housing projects approved under the provisions of chapter 18.192 of this title. (Ord. 1000 § 45.40, 1955)

If two (2) or more adjoining and vacant platted lots with continuous frontage are in a single ownership at any time after the adoption date hereof, and such platted lots individually are too small to meet the yard dimensions and area requirements of the district in which they are located, such group of platted lots shall be considered a single plot, or several plots of minimum size, and the plot or plots in one ownership shall be subject to the requirements of this title and all sections thereof. (Ord. 1000 § 49.00, 1955)