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Selma City Zoning Code

ARTICLE III

- EXCEPTIONS AND MODIFICATIONS4


Footnotes:
--- (4) ---

Editor's note— This article was numbered 12 in the original ordinance; the redesignation was necessitated by the form of ordinance number 118.


Sec. 56. - Lot of record; resubdivision of lots upon which are situated houses.

Where a lot of official record at the time of the adoption of this ordinance does not consist of sufficient land to enable the owner to conform to the yard and other requirements of this ordinance, such lot may be used as a building site provided the yard space and other requirements conform as closely as possible, in the opinion of the board of adjustment, to the requirements for the district in which it is located. Where houses were in existence at the time of the adoption of the zoning ordinance of the City of Selma and said houses were built on land without regard to lot lines or more than one (1) house was constructed on a lot of record, in such cases, the Selma city planning commission shall have the power and authority to approve a map resubdividing said lands in order that each house or building may be situated on a lot; provided, however, in resubdividing any such lots, the Selma city planning commission shall require, as near as possible, said resubdivided lots to conform with the existing zoning ordinances for the district in which said property is situated.

(Code 1954, App. I, § 121; Ord. No. 44, 11-16-66)

Sec. 57. - Front yards.

The front yard requirements of this ordinance shall not be enforced on lots where the average depth of existing front yards on developed lots located within one hundred (100) feet on either side of such lot is less than the minimum required front yard depth. In such case, the depth of the front yard on such lot shall not be less than the average front yard depths on such developed lots, but in no case shall it be less than twenty (20) feet for residential lots.

(Code 1954, App. I, § 122)

Sec. 58. - Side yards.

(1)

In residence districts R-50, R-50A and R-50B the required minimum width of side yards may be modified to five (5) feet to give a least sum of both side yards of ten (10) feet, in the case where the minimum structure includes a porte cochere, carport, or attached garage, but this provision shall not apply on corner lots.

(2)

For each foot by which a lot of official record at the time of adoption of this ordinance is less than the minimum width required under this ordinance, two (2) inches may be deducted by the required least width of either side yard and four (4) inches from the least sum of the widths of both side yards; provided, however, no side yard shall be less than five (5) feet in width.

(Code 1954, App. I, § 123; Ord. No. 118, 4-14-69)

Sec. 59. - Exceptions to height limits.

The height limitations of this ordinance, except as to those contained in sections 3-6, 3-33 and 6-2 of the Code of Ordinances, shall not apply:

(1)

To churches, schools, hospitals, sanitariums, and other public and semipublic buildings provided the minimum depths of front and rear yards required in the district are increased by two (2) feet for each foot by which the height limit in feet prescribed for other structures in the districts is exceeded; provided, however, no such building shall exceed three (3) stories or forty-five (45) feet in height.

(2)

To barns, silos, and other farm structures, and to grain elevators or elevated cooling towers, gas holders or other industrial structures required by a manufacturing process; provided all such structures exceeding the height limits in feet prescribed for other structures in the district shall occupy not more than twenty-five per cent (25%) of the area of the lot.

(3)

To church spires, belfries, cupolas, domes, monuments, water towers, radio towers, chimneys, flagpoles and masts for aerials; provided, however, such projection shall comply with the regulations indicated in the obstruction marking manual of the Federal Aviation Administration of the United States.

(Code 1954, App'x. I, § 124; Ord. of 6-10-63)

Sec. 60. - Group housing projects.

In the case of a housing project consisting of a group of two (2) or more buildings to be constructed on a plot of ground of at least four (4) acres not subdivided into the customary streets and lots and not to be so subdivided or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this ordinance to the individual buildings in such housing projects, the application of such requirements to such housing projects shall be done by the board of adjustment with the advice of the planning commission, in a manner that will be in harmony with the character of the neighborhood, will insure substantially the same character of occupancy, a density of land use no higher and a standard of open space at least as high as required by this ordinance in the district in which the proposed project is to be located. In no case shall the board of adjustment authorize a use or a building height or building area prohibited in the district in which the housing project is to be located.

(Code 1954, App'x. I, § 125)

Sec. 61. - Temporary permit.

(1)

The board of adjustment may in specific cases after investigation and subject to appropriate conditions and safeguards, grant a temporary permit for the following uses: Outdoor advertising structures in an undeveloped portion of a residence R-75, R-60, R-50 or R-50A district, wherein the undeveloped land has at least a street frontage equal to three (3) minimum size lots of the district in which the land is situated, provided in passing upon such permit, the board of adjustment shall determine that due to its proximity to residences, any public building or place of worship or its visibility therefrom or its general sightliness in the community, or its illumination, if any, is not detrimental to the peace and comfort of other persons within view thereof.

(2)

No such permit shall be issued without a clause providing for its revocation by the board of adjustment after due notice and hearing.

(3)

The owner of such structure shall have thirty (30) days after notice of such revocation in which to comply with any order or determination then made.

(Code 1954, App'x. I, § 126; Ord. No. 118, 4-14-69)