Saint John City Zoning Code
ARTICLE V
Miscellaneous Regulations
Section 400.220 Supplementary Height Regulations.
[CC Ch. 35 §22; Ord. No. 10-1974 Ch. 35 §22(1), 7-1-1974]
A.
For the purpose of determining compliance with the height regulations contained in this Chapter, ornamental structures which are a part of a building and are not used for the conduct of business (other than advertising or identification), storage, or dwelling purposes, shall not be included in computing the height of the building; provided however, that the height and structural nature of said ornamental structures shall be subject to approval of the Planning and Zoning Board.
B.
Any building in a "R-1", "R-2" and "PR" Residence District may be erected to a height not exceeding three (3) stories or forty-five (45) feet above the average finished ground elevation at the perimeter of such building; provided however, that the required side and rear yards are increased an additional foot for each foot such building exceeds the height limitation otherwise permitted in the district in which it is located.
Section 400.230 Supplementary Yard Regulations.
[CC Ch. 35 §22(2); Ord. No. 10-1974 Ch. 35 §22(2), 7-1-1974]
A.
Except as otherwise stated in this Chapter, every part of a required yard shall be open to the sky unobstructed except as follows:
1.
Ordinary projections of skylights, sills, belt courses, cornices, eaves, and ornamental features projecting into a required yard not more than twelve (12) inches.
2.
Ordinary projections of chimneys and flues, not exceeding three (3) feet in width, projecting into a required yard not more than twelve (12) inches.
3.
Roof overhangs projecting into a required yard not more than eighteen (18) inches.
4.
Unenclosed porches or paved terraces having a maximum height of not more than twelve (12) inches above ground elevation at any point; except when projecting into the required front yard, the front yard requirements of the particular district shall govern.
B.
On such streets as the City Council shall, by ordinance, designate as being proposed for widening, either by reason of proposed through or arterial highways or for any other reason, all front yard lines, building, or setback lines shall, after such designation, be based upon the proposed widened right-of-way for such street. Such setback lines shall in no case be less than specified by this Chapter for the respective districts in which the property lies, irrespective of building lines established by the original plat of such property.
C.
Within all commercial and industrial districts, structures located on lots situated at the corner of intersecting streets shall provide a front yard along both streets at least equal in depth to the front yard requirements imposed on structures which are, or may be, located on adjacent lots.
Section 400.240 Accessory Buildings.
[CC Ch. 35 §22(3); Ord. No. 10-1974 Ch. 35 §22(3), 7-1-1974]
A.
Permanent. No accessory building shall be constructed upon a lot until the construction of the main building has actually commenced.
B.
Temporary. Temporary accessory buildings, including temporary storage structures which are to be used for storage purposes only, may be erected upon a lot prior to the construction of the main building and shall be removed upon the completion of the construction or upon abandonment of the construction.
Section 400.250 Fences.
[CC Ch. 35 §22(4); Ord. No. 10-1974 Ch. 35 §22(4), 7-1-1974; Ord. No. 538 §2, 2-5-1996; Ord. No. 763 §1, 4-21-2003; Ord. No. 806 §1, 8-2-2004; Ord. No. 829 §1, 5-2-2005; Ord. No. 847 §§1 — 2, 1-9-2006]
A.
It shall be unlawful to erect any fence in the City of St. John without first having filed with the Director of Public Works an application for a construction permit together with a sketch or diagram drawn to scale showing the location, type of fencing design, and color of the proposed fence, and having obtained a permit for the erection of the fence after approval by the Director of Public Works.
B.
No hazardous wire may be used for fencing in any Residentially Zoned District.
Hazardous wire may be used in Commercial Districts if it is located on a fence not less than eight (8) feet above the surface of the underlying ground.
C.
It shall be unlawful to construct, build, grow or erect any fence, screen or obstruction in front of a line equal to the front wall of the main structure of any property located within any residential district except as hereinafter provided:
1.
Fences, screens, or obstructions constructed prior to July 1, 1974, which do not conform to the provisions herein may be repaired, restored, or mended so long as such repairs, restoration, or mending is not in excess of fifty percent (50%) of the entire original fence, screen, or obstruction. Fences, screens or obstructions constructed after July 1, 1974 but prior to February 5, 1996, which do not conform to the provisions herein may be repaired, restored or mended so long as such repairs, restoration or mending is not in excess of fifty percent (50%) of the entire original fence, screen or obstruction.
In no way is this Section to be interpreted to allow the installation of a totally new fence by repairing, mending or restoring the old fence in separate sections. The fifty percent (50%) figure pertains to the original fence installed. Any new sections installed afterwards are not included as part of the "original" fence.
2.
Ornamental fences eighteen (18) inches or less in height.
3.
Hedges six (6) feet or less in height.
D.
The maximum height for a fence in any Residential District other than a privacy fence is six (6) feet from the underlying ground.
[Ord. No. 1222, 8-16-2021]
E.
The maximum height of a fence in any Commercial District shall be ten (10) feet from the underlying ground; including any hazardous wire, if installed.
F.
Sightproof fencing is only allowed on the side and rear yard lines, equal to or behind the front wall of the main structure. All fences must be erected with all posts and cross braces facing to the inside of the yard which is being enclosed. Sightproof fences must be maintained to prevent rotting and deterioration.
G.
Sightproof fencing facing streets on which the house fronts are required to have a gap of one and one-half (1½) inches between fence boards. Fence boards on privacy fences must be no wider than six (6) inches nominal width. The maximum height for privacy fences is six (6) feet.
H.
Fences on corner lots must abide by the front building line of the street of which they front and shall be allowed to extend past the side structure line to the right-of-way of the street on the side of the house.
I.
No yard may have more than one (1) fence erected at a time.
Section 400.260 Traffic Visibility Regulations for Corner Lots.
[CC Ch. 35 §22(5); Ord. No. 10-1974 Ch. 35 §22(5), 7-1-1974]
A.
In the case of corner lots, no structure or planting exceeding thirty-six (36) inches in height may be erected or installed within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.
B.
The above height limitations may be further restricted by conditions applied by the Director of Public Works, if special topographic or other peculiar circumstances impair traffic visibility.
Section 400.270 House Trailers and Recreational Vehicles.
[CC Ch. 35 §22(6); Ord. No. 10-1974 Ch. 35 §22(6), 7-1-1974]
A.
No house trailer, mobile home or manufactured home shall be parked, used, or occupied on any tract of ground within the City of St. John.
B.
A travel trailer or recreational vehicle may be parked in the rear yard of any lot within the City as long as the trailer or recreational vehicle is not used as a dwelling, living, or sleeping quarters and it is parked on an improved surface.
Section 400.280 Amusement Devices.
[CC Ch. 35 §22(8); Ord. No. 10-1974 Ch. 35 §22(8), 7-1-1974]
The Director of Public Works is authorized to issue a permit for the operation or conducting of an amusement activity on a temporary basis within any zoning district. The Director of Public Works may request a report be submitted by the Health Commissioner with respect to any public health aspect of the proposal and by the Police Department with respect to any traffic or public safety aspect of the proposal, if appropriate. For the purpose of this Section, "amusement activity" includes a circus, carnival, fair, turkey shoot, art display, trade or animal show, concert, dance, rally, parade, athletic competition, and any similar activity not involving the erection of any permanent structure or facility. The permit shall be issued for a specified period of time not exceeding ten (10) days. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic, and the Director of Public Works may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. This permit is in addition to any construction permit, air pollution device construction or operating permit, highway special use permit, or other permit or license required by law for any proposed activity or facility. No more than two (2) temporary amusement activity permits shall be issued in any calendar year with regard to any particular property; provided however, that this limitation with respect to the number of temporary amusement activity permits shall not apply to public property, nor to property not held for private or corporate profit and used exclusively for religious worship, for schools and colleges, for purposes purely charitable or for agricultural and horticultural societies.
Section 400.290 Air Navigation Space.
[CC Ch. 35 §22(8); Ord. No. 10-1974 Ch. 35 §22(8), 7-1-1974]
Where required by the City Council or the Planning and Zoning Board, the petitioner of any development shall supply a written statement from the Federal Aviation Agency stating that the development does not interfere with any air navigation space.
Section 400.300 Acknowledgment of Conditions.
[CC Ch. 35 §22(9); Ord. No. 10-1974 Ch. 35 §22(9), 7-1-1974]
A.
In each instance in which approval of use or development of property is made subject to conditions by the City Council, a copy of the approved ordinance, resolution, order or permit shall be:
1.
Recorded by the property owner or owners prior to commencement of development or use, and
2.
Furnished by the property owner or owners or petitioner to the operator, owner, and manager, including successive operators, owners, and managers, each of whom shall forward to the Director of Public Works an acknowledgment that he or she has read and understood each of the conditions relating to the use and development of the property affected by the ordinance, resolution, order or permit and agrees to comply herewith.