Nothing contained in this chapter shall abrogate or annul any easement, covenant or other agreement between parties; however, where this chapter imposes a greater restriction upon the uses of structures, land and water, or requires more open space than is required by other rules or regulations, or by easements, covenants or agreements, recorded deed, plat or otherwise, the more restrictive provisions of this chapter or the code shall govern.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Prior to construction on any lot or parcel, the boundaries of such lot or parcel shall be accurately marked with appropriate markers set by a surveyor registered to practice in the state. Markers shall thereafter be protected and shall be used by inspectors to determine required setbacks. A survey may be required with all applications for a zoning clearance. See section 50-101 et seq.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Except as otherwise provided in this chapter, no building shall be built, constructed, enlarged or structurally altered or moved on a lot, tract or parcel of land that does not abut a dedicated public right-of-way, or private roadway within a platted subdivision, for a distance equal to the minimum lot width required in the zoning district in which the property is located. Where the curvature of the public right-of-way prevents this requirement from being met then the road frontage required in this section may be reduced up to 30 percent.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Prior to issuance of a building permit for any structure, a site drainage plan may be required if the proposed improvement is determined by the city engineer to affect existing drainage patterns. Such examination shall determine whether the drainage of the lot or parcel is compatible with the city drainage standard established in accordance with the chapter 58, article IV, and no zoning approval shall be issued in such instances where the city engineer finds the plans to be incompatible with established standards.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

No portion of an alley or right-of-way shall be included as part of determining the required setback.

(b)

For determination of setbacks, corner lots and multiple-frontage lots shall be considered to have front yards on all street frontages unless otherwise specified in this chapter. Side setbacks shall apply to all other sides of such a lot or parcel.

(c)

Where right-of-way lines are established, or proposed by action of the city council, for the purpose of future roads or widening of existing roads, all street setbacks shall be measured from the proposed right-of-way line adjacent to the property.

(d)

Sills, eaves, cornices, chimneys, flues, mechanical equipment and similar projections may project into a setback area not more than three feet, and shall not extend over adjacent property.

(e)

Wing walls shall conform to the normal setback requirements whenever they exceed the allowable height of a fence. See section 70-775.

(f)

An open, unroofed porch, patio, stairway, or paved terrace may project into a required front setback for a distance not exceeding ten feet. An enclosed roofed porch may encroach into the required front yard setback if consistent with the predominately established porch setback characteristics of adjacent properties within the same block street frontage.

(g)

All residential structures, and their accessory structures, on waterfront lots or parcels, shall be set back 25 feet from the mean high water mark in tidal areas or normal high water on lakes; except where adequate seawalls or riprap stabilization exist, the setback requirement shall be 15 feet from the seawall or stabilization.

(h)

No structure, except a utility shed, shall be placed on or erected within the area of a recorded drainage or utility easement.

(i)

On a lot or parcel that does not abut a public right-of-way, or private roadway within a platted subdivision, the required front setback shall be measured from the edge of the unplatted roadway or access easement edge whichever is greater, except as otherwise provided in this chapter.

(j)

For nonconforming setbacks and height, see section 50-231 et seq.

(k)

Height. Chimney, water, fire, radio and television towers, smokestacks, flagpoles and similar structures and their necessary mechanical appurtenances, such as elevator shafts and ventilation equipment, non-habitable, decorative and other functional elements, may be erected above the height limits herein established; however, the heights of these structures or appurtenances shall not exceed ten percent of the maximum height permitted within the district.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Rules governing transfer of development rights shall be governed by the countywide rules.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

Rules governing density/intensity averaging shall be governed by the countywide rules.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)