(a)

Whenever the specific district regulations pertaining to one district, permit the uses of a more restricted district, such uses shall be subject to the conditions as set forth in the regulations of the more restricted district, unless otherwise specified.

(b)

It is intended that these regulations be interpreted as not permitting a dwelling unit to be located on the same lot with or within a structure used or intended to be used for nonresidential purposes.

(Prior Code, § 45-5.1; Code 1983, § 12-340; Ord. No. 301-A, 11-8-1990)

The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in article VIII of this chapter:

(1)

An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure;

(2)

Open eaves, cornices, windowsills, and belt courses may project into any required yard a distance not to exceed two feet. Open uncovered porches or open fire escapes may project into a front or rear yard a distance not to exceed five feet. Fences, walls, or hedges in residential districts may be erected in any required yard, or along the edge of any yard, provided that no fence, wall or hedge located in front of the front building line shall exceed four feet in height, and no other wall or fence shall exceed seven feet in height;

(3)

Where the dedicated street right-of-way is less than 60 feet, the front yard depth shall be determined by measuring 55 feet back from the centerline of the street easement;

(4)

No dwelling shall be erected on a lot which does not abut on at least one street, at least 50 feet in width, for at least 35 feet. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. A garage apartment may be built to the rear of a main dwelling if there is compliance with all other provisions of this chapter. Accessory buildings which are not a part of the main building may be built in the rear yard but shall not cover more than 30 percent of the rear yard;

(5)

No minimum lot sizes and open spaces are prescribed for commercial and industrial uses. It is the intent of this chapter that lots of sufficient size be used by any business or industry to provide adequate parking and loading and unloading space required for operation of the enterprise;

(6)

On any corner lot on which a front and side yard is required, no wall, fence, sign, structure, or any plant growth which obstructs sight lines at elevations between two feet six inches and six feet above any portion of the crown of the adjacent roadway shall be maintained in triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along the front and side lot lines and connecting the points so established to form a right triangle on the area of the lot adjacent to the street intersection;

(7)

An attached or detached private garage which faces on a street shall not be located closer than 25 feet to the street easement line;

(8)

No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used unless the main building on the lot is also being used;

(9)

Whenever one or more residential, institutional, commercial, or industrial buildings are proposed to be located in a cluster or grouping which has a different arrangement, orientation, or other site planning variation from that of other buildings, structures, or uses in the area or on adjacent properties, the architectural design, location, orientation, service, and parking areas of such buildings shall be planned so as not to adversely affect the use of adjacent or other properties in the area, as determined by the planning commission; and

(10)

Where there exists, at the time of adoption of this chapter, lots of less than 60 feet in width at the building line, but not less than 50 feet in width at the building line, single family dwellings may be permitted provided, however, that the area of the lot is not less than 6,000 square feet.

(Prior Code, § 45-5.2; Code 1983, § 12-341; Ord. No. 301-A, 11-8-1990)

The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in article VIII of this chapter:

(1)

In measuring heights, a habitable basement or attic shall be counted as a story. A story in a sloping roof, the area of which story at a height of four feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story;

(2)

Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may extend above the height limit; and

(3)

Churches, schools, hospitals, sanatoriums, and other public and semi-public buildings may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one foot for each two feet by which the height of such public or semipublic structure exceeds the prescribed height limit.

(Prior Code, § 45-5.3; Code 1983, § 12-342; Ord. No. 301-A, 11-8-1990)

In the case of a housing project consisting of a group of two or more buildings to be constructed on a plot of ground of at least two acres not subdivided into the customary streets and lots, and which will not be so subdivided, where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this chapter to the individual buildings in such housing project, the application of such requirements to such housing project may be changed by the board of adjustment, in a manner that will be in harmony with the character of the neighborhood, will ensure a density of land use no higher and a standard of open space at least as high as required by this article in the district in which the proposed project is to be located. In no case shall a use or building height or density of population be permitted which is less than the requirement of the district in which the housing project is to be located.

(Prior Code, § 45-5.4; Code 1983, § 12-343; Ord. No. 301-A, 11-8-1990)

Commercial vehicles and trailers of all types, including travel, camping and hauling, and manufactured homes shall not be parked or stored on any lot accompanied by a dwelling or on any lot in any residential district except in accordance with the following provisions:

(1)

Not more than one commercial vehicle, which does not exceed 1½ tons rated capacity, per family living on the premises, shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline, or liquefied petroleum products be permitted;

(2)

Not more than one camping or travel trailer or hauling trailer per family living on the premises shall be permitted and the trailer shall not exceed 24 feet in length, or eight feet in width; and further provided that the trailer shall not be parked or stored for more than 48 hours unless it is located behind the front yard building line. A camping or travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in any area within the incorporated limits except in a trailer court authorized under the ordinances of the city; and

(3)

A manufactured home shall be parked or stored only in a trailer court which is in conformity with the ordinances of the city.

(Prior Code, § 45-5.5; Code 1983, § 12-344; Ord. No. 301-A, 11-8-1990)

The architectural design and materials used for the construction of accessory buildings and fences shall harmonize with the main building to which the building or fence is accessory.

(Prior Code, § 45-5.6; Code 1983, § 12-345; Ord. No. 301-A, 11-8-1990)

Animals in any district shall be kept only in accordance with the ordinances of the city.

(Prior Code, § 45-5.7; Code 1983, § 12-346; Ord. No. 301-A, 11-8-1990)

The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum gases shall be in accordance with the ordinances of the city and the regulations of the Liquefied Petroleum Gas Administration of the state.

(Prior Code, § 45-5.8; Code 1983, § 12-347; Ord. No. 301-A, 11-8-1990)

Travel trailer parks and manufactured home parks shall be constructed in accordance with the requirements of the ordinances of the city.

(Prior Code, § 45-5.9; Code 1983, § 12-348; Ord. No. 301-A, 11-8-1990)