1800.   Area, height and use exceptions.

The regulations in this Ordinance shall be subject to the following interpretations and exceptions:

1.

Essential services. Essential services shall be permitted as authorized and regulated by law and other ordinances of the City; it being the intention hereof to exempt such essential services from the application of this Ordinance.

2.

Voting place. The provisions of this Ordinance shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

3.

Height limit. The height limitations of this Ordinance shall not apply to chimneys, church spires, flag poles, public monuments or wireless transmission towers, television towers (not including commercial uses); provided, however, that the Board of Appeals may specify a height limit for any such structure when such structure requires authorization as a use permitted on special condition or under 1507 [subsection 1707] of this Ordinance.

4.

Lots adjoining alleys. In calculating the area of a lot that adjoins a dedicated alley or line, for the purpose of applying lot area requirements of this Ordinance, one-half (½) the width of such alley abutting the lot shall be considered as part of such lot.

5.

Yard regulations. When yard regulations cannot reasonably be complied with, as in the case of a planned development in the multiple-family district, or where their application cannot be determined on lots existing and of record at the time this Ordinance became effective, and on lots of peculiar shape, topography, or due to architectural or site arrangement, such regulations may be modified or determined by the Board of Appeals.

6.

Multiple dwelling side yard. For the purpose of side yard regulations, a two-family, a terrace, a row house, or multiple dwelling shall be considered as one (1) building occupying one (1) lot.

7.

Projections into required open spaces.

a.

Outside stairways, fire escapes, vestibules, balconies, bay windows and similar projections from the face of a building extending more than four (4) feet above the established grade shall be considered part of the building and shall not extend into any required yard or open space.

b.

Obscuring fences, not exceeding six (6) feet in height on the side yard and six (6) feet in height on the rear yard may occupy a required side yard or rear yard.

c.

Walls, chimneys or other obstructions more than four (4) feet above the established grade required for the proper maintenance of the land, may occupy parts of the side yard but may not extend more than sixteen (16) inches.

d.

Accessory buildings not over one story or 15 feet in height may occupy part of the rear yard but not a side yard. Such occupancy shall not exceed 40% of the total rear yard in a residential district. Accessory buildings attached to the principal building shall be treated as a principal building. In a business district or industrial district, accessory buildings, if not used for dwelling purposes, may occupy only the ground the principal building is permitted to occupy.

e.

Unenclosed vehicle storage or loading space may occupy parts of a side or rear yard and the area thus used shall not be computed in the total percentage of lot occupancy as long as it remains unenclosed.

f.

Structures four (4) feet in height or less shall not be considered in computing maximum percent of lot coverage in residential districts.

g.

An unenclosed terrace or porch not more than two (2) feet high may project into a front yard for a distance not to exceed six (6) feet and may include a fixed canopy or awning but this shall not be interpreted to include enclosed sides from the floor to the roof.

h.

Unenclosed travel trailer storage for not exceeding one (1) such travel trailer may occupy parts of a rear yard of a lot in a residential district and the area thus used shall not be computed in the total percentage of lot occupancy as long as it remains unenclosed.

i.

No person shall install a fire escape on the street facade of a building in any district; provided, however that in cases where exceptional conditions relating to the building are present which would result in undue hardship or exceptional practical difficulties as to the use of the property, the Zoning Board of Appeals may grant a variance in accordance with the provisions of section 2003(3) upon sufficient and compelling evidence of such undue hardship or exceptional practical difficulty.

j.

Uncovered decks, porches and associated stairways to ground level may be constructed within the front setback as a means to provide access to the front entry of a dwelling unit subject to the following standards:

1.

Decks shall not project into the front yard more than six (6) feet, as measured from the immediately adjacent front wall of the dwelling, or three (3) feet from the front property line, whichever is less.

2.

The total width of a deck constructed under this provision may not exceed the width of the dwelling, or twenty (20) feet, whichever is less.

3.

The height of the deck floor shall be less than or equal to the finished floor level of the dwelling as measured at the front entry door.

4.

Decks constructed under this provision shall not be covered nor enclosed except as provided in subsection (k) of this Section.

5.

Where variations in the front façade of a dwelling result in the creation of independent deck sections, the deck sections may be connected by walkways not exceeding three (3) feet in width.

6.

For the purposes of calculating the average front yard setback, in accordance with Section 1600, Note (a), decks landings and stairways constructed under this provision shall not be considered.

k.

To provide for protection from the elements, landings constructed pursuant to the provisions of subsection (j) of this Section may be protected with a roof or canopy no wider than five (5) feet. Such roof or canopy shall not project more than three (3) feet from the front wall of the dwelling and shall not be supported by means other than attachment to the building.

(Ord. No. 240-83, § 1, 11-7-83; Ord. No. 365-92, § 1, 4-20-92; Ord. No. 544-14, § 1, 1-6-14; Ord. No. 586-18, § 1, 11-19-18)