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Sanborn City Zoning Code

EXCEPTIONS AND

ENCROACHMENTS

170.20 HEIGHT EXCEPTIONS; GENERAL RULE.

Any structure hereafter erected or altered shall comply with the height limitations of the zone in which it is located except as specified below. However, no exception listed below shall exceed the height restrictions of an aircraft approach and turning zone.

170.21 HEIGHT EXCEPTIONS; APPURTENANCES.

The following appurtenances may exceed the prescribed height limit except when they would violate the height restrictions of an aircraft approach and turning zone, provided they are normally required for a use permitted in the zone in which they are erected or constructed: flagpoles, chimneys, cooling towers, elevator bulkheads, belfries, penthouses (for other than living purposes), grain elevators, stacks, silos, storage towers, observation towers, ornamental towers, monuments, cupolas, domes, spires, standpipes, and other necessary mechanical appurtenances and their protective housing, provided however, that any of the above except flagpoles and chimneys when located in any zone with a height limit of 40 feet or less, shall be allowed only upon finding of the Board of Adjustment that such appurtenances will not be unduly detrimental to the surrounding property.

170.22 HEIGHT EXCEPTIONS; ELECTRONIC TOWERS.

Radio, television, microwave, and other electronic transmission or receiving towers in excess of height limits may be allowed in any zone as a special exception upon the finding by the Board of Adjustment that topographic or other considerations make it necessary that they be located outside a zone where they are permitted as a matter of right and that the proposed tower or towers will not be unduly detrimental to surrounding property. Exceptions to height restrictions shall not be granted in cases where they would violate height restrictions of an aircraft approach and turning zone.

170.23 YARD SPACE; GENERAL RULE.

Any building, structure, or use hereafter erected, altered, or established shall comply with the yard space requirements of the zone in which it is located except as specified below. The required yard space for any building or structure or use shall be contained on the same zoning lot as the building or structure or use, and such required yard space shall fall entirely upon land in a zone or zones where the principal use is permitted. Any required yard space, as determined at the setback line, shall be open from 30 inches above the ground for the sky except as specified herein.

170.24 YARD SPACE ENCROACHMENTS; EAVES.

Cornices and similar features may extend one foot into a required yard space. Eaves may extend three feet into a yard space when such yard space is 10 feet or more in width.

170.25 YARD SPACE ENCROACHMENTS; CHIMNEYS.

Chimneys may extend two feet into any yard space when such yard is 10 feet or more in width, but shall not encroach upon a yard space of a lesser width.

170.26 YARD SPACE ENCROACHMENT; PORCHES AND TERRACES.

Open, uncovered porches or terraces, no higher than 30 inches above grade of the lot on the side of the building where such porch or terrace is located, may extend into any required yard. No railing or other barrier higher than 36 inches shall be placed around such porch or terrace and no such barrier which interferes appreciably with the passage of light or air shall be within five feet of any property line, except as otherwise provided in this chapter. Any such porch or terrace when located on a lot at the intersection of two streets or a street and an alley shall comply with the provisions designed to insure proper sight distances as set forth in this chapter for fences and hedges.

170.27 YARD SPACE ENROACHMENTS; REAR YARD.

Accessory buildings or structures shall be permitted to occupy a required yard with the following restrictions:
1.   No such accessory structure shall be greater than 15 feet in height nor be closer than 20 feet from any street or alley line.
2.   An accessory structure may be constructed within two feet of an inside lot line when the entire structure is within 40 feet of the rear property line.

170.28 LOT AREA EXCEPTION; EXISTING PLATTING.

A single-family dwelling may be built on any platted lot of record containing 75 percent of the required lot area for the district in which the lot is located if said lot was in separate ownership and separate control at the effective date of these regulations, provided the front, side, and rear yard requirements for the district in which the lot is located are met. It is not the intention of this exception to allow building as a matter of right on a platted parcel which was never intended as a building site, but rather was numbered on a plat for identification purposes under a scheme in which multiple lots were intended to provide one building site.
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of these regulations, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of these regulations, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.