The district regulations hereinafter set forth in this section qualify or supplement, as may be the case, the district regulations appearing elsewhere in this Ordinance.

1.

General area conditions and exceptions:

a.

Minimum lot area and width requirements shall not apply to lots of record as of the effective date of this Ordinance (see Section II, "Lot of Record").

b.

No basement or cellar shall be occupied for residential purposes until the remainder of the building has been completed.

c.

Where a lot or tract is used for farming or for commercial or industrial purpose, more than one main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.

d.

In the event that a lot is to be occupied by a group of two or more related buildings to be used for multiple dwelling, institutional, motel, or hotel purposes, there may be more than one main building on the lot; provided, however, that the open spaces between the buildings that are parallel or within 45 degrees of being parallel, shall have a minimum dimension of 20 feet for one-story buildings, 30 feet for two-story buildings, and 40 feet for three- and four-story buildings.

e.

Where an open space is more than 50 percent surrounded by a building, the minimum width of the open space shall be at least 20 feet for one-story buildings, 30 feet for two-story buildings, and 40 feet for three- and four-story buildings.

f.

Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of sills, belt courses, cornices, and ornaments and features which are not to exceed 18 inches.

2.

Front yard conditions and exceptions:

a.

Where lots have double frontage, the required front yard shall be provided on both streets.

b.

An open, unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet. An unenclosed vestibule containing not more than 40 square feet may project into a front yard for a distance not to exceed four feet.

c.

The front yards heretofore established shall be adjusted in the following cases:

1.

Where 50 percent or more of the frontage on the same side of a street between two intersecting streets is developed with two or more buildings that have (with a variation of five feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing buildings nearest the street line.

2.

Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with two or more buildings that have a front yard of less depth than herein required, then:

a)

Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent building on each side, or

b)

Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

3.

Side yard conditions and exceptions:

a.

The required side yard on the street side of a corner lot shall be the same as the required front yard on such street, except that the building width shall not be reduced to less than 32 feet, and no accessory building shall project beyond the required front yard on either street. "EXCEPTION" Corner Lots - Whenever the combined required side yard setback requirements exceed thirty-five percent (35%) of the total lot width of a lot of record as of the effective date of Zoning Ordinance No. 643 (April, 1984), the street side yard setback may be reduced to a minimum of twelve feet six inches. This exception shall not affect the side yard requirements abutting the neighboring lot.

b.

For the purpose of the side yard regulations, a two-family dwelling, or a multiple-family dwelling, shall be considered as one building occupying one lot.

c.

No side yards are required where dwelling units are erected above commercial structures.

d.

Terraces, uncovered porches, platforms, and other ornamental features which do not extend more than three feet above the floor level of the ground story may project into a required yard, provided these projections be a distance of at least two feet from the adjacent side lot line.

e.

Whenever a lot of record as of the effective date of this Ordinance has a width less than that required for the District in which it is located, the side yards may be reduced to a width of not less than ten percent of the width of the lot, but in no instance shall it be less than five feet.

f.

Whenever a building exists as of the effective date of this Ordinance, and has less than the required side year [yard], it may be extended to the front or rear along the existing side building line, but may not violate the front or rear yard requirements or be any closer to the side yard line than the previously existing building.

4.

Rear yard conditions and exceptions: Open, lattice-enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than three and one-half feet and where the same are so placed as not to obstruct light and ventilation.

5.

Accessory buildings conditions and exceptions:

a.

No accessory buildings shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes, other than by domestic servants employed entirely on the premises.

b.

Accessory buildings may be built in a required rear yard but such accessory buildings shall not occupy more than 30 percent of a required rear yard and shall not be nearer than five feet to any side lot line. Where an alley exists at the rear of the property, an accessory building may be located on the property line. Where there is no alley, the accessory building must be a minimum of 12.5 feet from the rear property line. Any accessory building located within ten feet of the main building shall be considered a part of the main building, not an accessory building.

6.

Height conditions and exceptions:

a.

Public, semi-public, or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.

b.

Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators, or necessary mechanical appurtenances, are exempt from the height regulations as contained herein.

7.

Carports conditions and exceptions:

a.

Carports shall be allowed (unless deed covenants prohibit) within the rear yard in Residential Zones, provided the total combined area of all accessory structures in the rear yard does not exceed 30% of the total area of the rear yard. The overall size of the structure area shall include the outermost edge of the roof area. The carport shall not be permitted where the side lot line is less than five feet from the perimeter of the roof. The covered area shall not exceed three hundred and sixty square feet.

b.

No accessory structures or carports will be allowed within the front yard in a Residential Zone. EXCEPTION: In an area where the neighborhood subdivision has been substantially developed prior to December 31, 1965, and any pre-existing carport has previously been permitted, and located in the front yard prior to the effective date of this ordinance, a carport may be allowed within the street segment the structure is located. Carports permitted under this exception shall be restricted to the following the limits, the provisions of subsection (a), and the perimeter of the carport shall have a minimum of 15 feet from the edge of the roadway, the side yard set-back shall not be less than the requirements of the zone in which the carport is located and the width shall not exceed 20% of the width of the lot.

Editor's Note—The subsection numbers as follows were added for clarification purposes.

c.

A permit through Planning & Zoning shall be required on all carports.

d.

A maximum of one (1) Carport per Residential Lot will be allowed.

e.

No opening on any side shall be lower than eight (8) feet or taller than twelve (12) feet as measured from floor to bottom of carport eave line. Carports for recreational vehicles that will exceed the height requirement must get approval from the Planning and Zoning department.

f.

Perimeter of Carport must remain open on at least three (3) sides that are parallel to the front and side yards. Openings must be unobstructed by walls, screens, lattice work or similar features that would create an enclosed space or obstruct visibility. Supporting vertical members such as columns, poles, and posts must have a cross section no larger than a square that is twelve (12) inches on a side.

g.

Supporting vertical members, other than secondary structural members for lateral bracing, trim, fascia, and other vertical elements must not obscure more than fifteen percent (15%) of the vertical plane of any open side.

h.

Carport (including the roof, eaves, and supporting members) must be set back at least five (5) feet from a side property line or in line with the Main Building on the lot.

i.

There can be no enclosed use above or on top of carport.

j.

Carport must be used solely for the parking of vehicles and not for any other purpose, including storage or [of] any type.

k.

Carport support posts must be set in concrete three (3) feet deep. The support post holes must be double the circumference of the support posts.

l.

Provided that within that portion of the front yard, the carport must cover a standard driveway or an approved parking space consisting of:

*

Asphalt having a minimum depth of four inches over a four-inch stabilized base consisting of compacted crushed stone, cement treated base or soil cement base.

*

Reinforced concrete having a minimum depth of four inches.

m.

Provided that within that portion of the rear yard an improved surface shall also include:

*

Caliche or limestone contained within a distinct border and having a minimum depth of four inches;

*

Compacted gravel or crushed rock contained within a distinct border and having a minimum depth of four inches; or

*

Interlocking concrete paving stones at least two inches thick on a base consisting of a layer of bedding sand over a minimum four inches of compacted crushed stone, cement treated base or soil cement base.

n.

At no time, will a carport be erected over grass or dirt. An inspection by Planning & Zoning of the improved surface will be required before the carport can be erected on the site.

8.

Carport in R-1 and R-2 Zones:

*

Will have a maximum floor area of four hundred forty (440) square feet, except where there is a single car driveway the maximum floor area will be two hundred twenty (220) square feet.

*

Must be constructed of building materials of similar type, size, shape, texture, and colors to the building materials of the principal structure including roofing material.

*

Supporting vertical members shall be covered with a material that is of similar type, size, shape, texture, and colors to the building materials of the principal structure.

*

Must be structurally integrated with the roof of the principal structure or be less than eighteen (18) inches from the principal structure.

*

Prefabricated Carports will not be allowed.

9.

Carports in an R-3 Zone:

*

Will have a maximum floor area of four hundred forty (440) square feet, except where there is a single-car driveway the maximum floor area will be two hundred twenty (220) square feet.

*

Prefabricated Carports will be allowed.

*

Where prefabricated Carports installed, anchors must be set in concrete three (3) feet deep.

10.

Front yard carports condition and exceptions:

*

Carport (including the roof, eaves, and supporting members) must be set back at least ten (10) feet from the street curbline, or where no curb exists, the edge of paving, or the graded edge of an unimproved street.

*

Carport (including the roof, eaves, and supporting members) must not overhang or intrude into any type of public easement.

*

In no case, shall the Carport (including the roof, eaves, and supporting members) block or overhang an improved public sidewalk.

*

In no case, shall the Carport (including the roof, eaves, and supporting members) extend beyond the front property line.

11.

Rear yard carports conditions and exceptions:

*

Carports (including the roof, eaves, and supporting members) must be set back at least three (3) feet from a rear property line.

*

Carport (including the roof, eaves, and supporting members) must not overhang or intrude into any type of public easement.

(Ordinance 2062 adopted 6/4/18; Ordinance 982 adopted 9/8/08; Ordinance 2060 adopted 10/2/17)