The purpose of this article is to modify, extend, supplement, clarify and/or qualify in specific cases the zoning district regulations which appear elsewhere in this chapter. Provisions given in this article shall apply to the specific conditions enumerated herein and shall supersede general regulations for the zoning districts.

(Ord. of 12-11-00)

(a)

Use of yards, generally. When yards are required in a district, every part of a required yard shall be unobstructed by a building, structure or use, except for:

(1)

Off-street parking. Parking spaces are permitted in a front, side or rear yard, provided that no parking space shall be located within a triangle composed of two 20-foot legs of intersecting streets.

(2)

Building projections. Sills, belt courses, eaves, normal roof overhangs, chimneys, pilasters and similar architectural features of a building may project into required yards.

(3)

Porches. An open, unenclosed porch may project into the required front yard for a distance not exceeding five feet.

(4)

Chimneys. Chimneys or fireplaces may project into required yards up to two feet.

(5)

Fire escapes. Open or lattice enclosed fire escapes may project up to five feet into a required yard but may occupy no more than one-half the width of a required side yard.

(6)

Attached structures. An unenclosed carport, porch or stoop that is attached to a dwelling, may extend into a required side yard a distance of not more than one-third of the width of the required side yard.

(7)

Interpretation of encroachment. For purposes of determining whether a main building violates a required yard or setback requirement, if the outermost surface of the foundation wall of a main building protrudes no more than six inches into such yard or setback, the building shall be considered as meeting the yard/setback requirements.

(b)

Yards for multiple buildings on same lot.

(1)

Commercial or industrial. Where a lot is used for a commercial or industrial purpose, more than one main building may be located upon the lot but only when each separate building is provided with open space equivalent to the yard requirements of the district in which the lot is located.

(2)

Multiple residential buildings. Where a lot is to be used for multi-family residential or institutional purposes, more than one main building may be located on the lot, but only when there is provided between buildings that are parallel, or within 45 degrees of being parallel, a minimum of 20 feet for one-story buildings, 30 feet for two-story buildings, and 40 feet for three-story buildings. No dimension between any two buildings shall be less than 15 feet. When such buildings are of varying height, the buildings with the greater height shall be used for application of height regulations.

(c)

Walls and fences.

(1)

Side and rear yards. In all residential districts, fences and walls not exceeding six feet in height may be erected in a rear or side yard. In commercial or industrial districts, fences and walls may be erected up to 12 feet in height unless otherwise approved by the building official.

(2)

Retaining walls. Yard requirements shall not apply to any retaining wall erected in conformity with other applicable ordinances.

(Ord. of 12-11-00; Ord. of 6-8-02)

(a)

Front yards in partially built-up block. The following adjustments may be made in blocks that are partially built-up.

(1)

Forty percent or more developed. Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings, the average setback of existing buildings shall be used to establish the front yard for other buildings erected within the same block. This rule shall not be applied, however, to require that a new building be positioned on a lot so that its rear line is closer to the street than the front line of an existing building on an adjacent lot.

(2)

Recorded setback line. Where a legally-recorded subdivision plat that was recorded prior to the effective date of the ordinance from which this chapter derives establishes a building setback, such setback line may be used in lieu of the setback or front yard otherwise established by this chapter.

(3)

Less than 40 percent developed. Where less than 40 percent of the frontage on one side of a street between two intersecting streets is developed, and no setback line is established in a legally-recorded subdivision plat, the front yard requirements established by this chapter shall apply.

(b)

Projections into front yards.

(1)

An enclosed vestibule or bay window containing not more than 40 square feet of floor space may project into the required front yard for a distance not exceeding four feet.

(2)

Awnings may project into the required front yard for a distance not exceeding three feet.

(c)

Other front yard adjustments.

(1)

Corner lot. The required front yard on a corner lot shall be observed on the frontage having the lesser dimension; the other frontage shall be considered a side yard (see separate rule for side yards). The minimum side yard on the side facing the side street shall be 25 feet or more for both main and accessory buildings.

(2)

Double frontage lots. In case a lot extends through a block from street to street and where a front yard is required from such streets, front yards shall be provided along each street frontage.

(3)

Minimum lot depth preserved. The front yard regulations of this chapter shall not be applied to reduce the distance between the front building line and the rear of a lot to less than 80 feet.

(4)

Signs and poles. When permitted in a district, signs or poles, except "advertising signs", may be erected in a required front yard.

(5)

Motor fuel pump islands. Motor fuel pumps and pump islands, including accompanying unenclosed canopies, may be located within a front yard in a district that permits motor fuel service stations as an accessory or subordinate use to such motor fuel service station or to a retail convenience store; provided they are located not less than 25 feet from the street right-of-way line; and provided further, that in no district shall these accessory uses be located less than 50 feet from the boundary line of any dwelling district.

(d)

Permitted adjustments of lot frontages on certain roads. Every lot established hereafter and used for single-family residential development shall have a frontage on an approved road as required in the district regulations provided that: (i) in cases where a lot fronts on the outside right-of-way (the right-of-way with the longest dimension) of a curved road and is arranged radially to the road's curvature, the lot frontage may be reduced to not less than 75 percent of the required frontage provided the lot width at the building line is not less than the required frontage; and (ii) where a lot fronts on the turn-around of a cul-de-sac, the frontage may be reduced to 50 percent of the width required at the front building setback line providing the width at the building setback line is not less than 80 percent of the required lot frontage.

(Ord. of 12-11-00)

The side yard regulations shall be adjusted in applicable cases in conformity with the modifications set forth as follows:

(1)

Side yards to multiple dwellings. For the purpose of the side yard regulations, a building containing multiple uses such as a two-family dwelling, townhouse cluster, or a multiple-dwelling shall provide the same side yard as any other single building occupying one lot.

(2)

Dwelling above commercial. Unless otherwise provided for in this chapter by a specific regulation, where dwellings are permitted to be erected above an existing predominantly commercial establishment, the required side yard shall be the same as required for the commercial buildings.

(3)

Commercial in predominantly residential building. Unless otherwise provided for in this chapter by a specific regulation and where commercial uses are erected in the same building, the side yard requirements for dwellings in the district in which the use is located shall apply to both residential and commercial uses.

(Ord. of 12-11-00)

The height and bulk regulations shall be adjusted in applicable cases in conformity with the modifications set forth as follows:

(1)

Building height. A building may be erected to any height provided that required front, side and rear yards shall be increased one foot for each three feet of height over 35 feet.

(2)

Chimneys, steeples, towers. The height regulations set forth in this chapter shall not apply to spires, belfries, cupolas, antennae attached to buildings, water tanks, windmills, ventilators, chimneys or similar appurtenances attached to the roof of a building and not intended for human occupancy, provided that the height of such appurtenances shall not constitute a hazard to the safe operation of aircraft. The height of freestanding antennae in any district shall be no greater than the distance from the base of the antenna to the nearest property line.

(3)

Radio, microwave, television and cellular telephone towers. In all commercial, industrial, or commercial districts where permitted, radio and television towers may be erected to a height not exceeding 150 feet. In all residential districts, such towers shall not exceed 25 feet above the highest point of the nearest building and shall be limited to noncommercial use.

(4)

Accessory buildings. Accessory buildings may be constructed in a rear or side yard in conformity with the following regulations:

a.

No accessory building shall be more than one story in height which is within 20 feet of an adjoining property line. All accessory buildings shall be less than the main building in height.

b.

Accessory buildings located closer than ten feet to a main building shall be construed to be a part of the main building for the purposes of yard regulations and such buildings, whether connected to the main building or not, shall observe all front, side and rear yard regulations applicable to main buildings.

c.

No accessory building shall be used for dwelling purposes.

d.

In all residential districts except the R2-16 general dwelling district, an accessory building may be built in the rear yard provided it is not closer than ten feet to any side or rear lot line. Within the R2-16 general dwelling district an accessory building may be erected within five feet of a side or rear property line. In no case shall an accessory building occupy more than 30 percent of the rear yard.

e.

Within all residential zoning districts an accessory building may be built in a rear yard provided that: (a) it shall not occupy more than 30 percent of a rear yard; and (b) it shall not be closer than ten feet to any side or rear lot line.

(5)

Open space partially surrounded by buildings. 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-story buildings.

(Ord. of 12-11-00)

The installation of double-wide or multiunit manufactured housing must comply with the following:

(1)

The occupant must own the land.

(2)

The wheels and tongue must be removed.

(3)

A letter of intent to annex the house to the land must be submitted with the application.

(4)

Underskirting continued to ground shall be installed and it shall be of the same material as the siding or compatible thereto. A masonry foundation is preferred and it shall be completed within 60 days after issuance of certificate of occupancy.

(5)

The roof is to be shingled and pitched.

(6)

Any siding material other than vertical metal shall require approval by the building official.

(7)

Front and/or rear steps and landings shall be provided as required to meet state law.

(8)

The title shall be returned to the Division of Motor Vehicles.

(Ord. of 12-11-00)