Rock Port City Zoning Code
SECTION 400
120 Additional Height and Area Regulations.
[Ord. No. 530 §12, 11-2-1965; Ord. No. 908 §1, 7-9-2002]
A.
The district regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.
1.
Public, semi-public, or public service buildings, hospitals, institutions, or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet of additional building height above the height limit otherwise provided in the district in which the building is located.
2.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators, or necessary mechanical appurtenances, are exempt from the height regulations as contained herein.
3.
Accessory buildings may be built in a required rear yard but such accessory buildings shall not occupy more than thirty percent (30%) of a required rear yard and shall not be nearer than two (2) feet to any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than ten (10) feet to the alley line. If a garage is located closer than ten (10) feet to the main building, the garage shall be regarded as part of the main building for the purpose of determining side and rear yards.
4.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes, other than by domestic servants employed entirely on the premises.
5.
Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of sills, belt course, cornices, and ornaments, and features which are not to exceed twelve inches (12"), (except as provided in (3) above).
6.
No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.
7.
Open-lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the Building Inspector for a distance of not more than three and one-half (3 ½) feet and where the same are placed so as not to obstruct light and ventilation.
8.
An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet. An unenclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet.
9.
Paved terraces, uncovered porches, platforms, and ornamental features which extend more than three (3) feet above the floor level of the ground story may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent side lot line.
10.
For the purpose of the side yard regulations, a two-family dwelling, or a multiple dwelling, shall be considered as one (1) building occupying one (1) lot.
11.
Where a lot or tract is used for farming or for a commercial or industrial purpose, more than one (1) main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.
12.
In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for multiple dwelling, institutional, motel or hotel purposes, there may be more than one (1) main building on the lot; provided, however, that the open spaces between buildings that are parallel or within forty-five degrees (45°) of being parallel, shall have a minimum dimension of twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings and forty (40) feet for three or four-story buildings.
13.
Where an open space is more than fifty percent (50%) surrounded by a building, the minimum width of the open space shall be at least twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings, and forty (40) feet for three or four-story buildings.
14.
No side yards are required where dwelling units are erected above commercial and industrial structures.
15.
Where lots have double frontage, the required front yard shall be provided on both streets.
16.
The required side yard on the street side of a corner lot shall be the same as the required front yard on such street, except that the building width shall not be reduced to less than thirty-two (32) feet, and no accessory building shall project beyond the required front yard on either street.
17.
Whenever a lot on or after November 2, 1965, has a width of less than sixty (60) feet, the side yard may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five (5) feet.
18.
The front yard heretofore established shall be adjusted in the following cases:
a.
Where forty percent (40%) or more of the frontage on the same side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have (with a variation of five (5) feet or less) a front yard greater in depth that herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest the street line.
b.
Where forty percent (40%) or more of the frontage on one side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have a front yard of less depth than herein required, then:
(1)
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side, or
(2)
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.
19.
A deck or similar structure which is attached to an existing building or residential unit may be constructed subject to the following regulations:
a.
Such deck or structure may be built so as to project into a required rear yard, but shall not occupy more than thirty percent (30%) of a required rear yard, and shall not be closer than two (2) feet to any rear or side lot line.
b.
Such deck or structure may be constructed so as to project into a front yard for a distance not exceeding ten (10) feet and shall not be closer than two (2) feet to any front or side lot line.