Spencer County Unincorporated
City Zoning Code
City Zoning Code
EXCEPTIONS AND
MODIFICATIONS
§ 157.120 HEIGHT.
(A) Three-story buildings in two-story zones. In the zones limiting height to two stories not to exceed 35 feet, any permitted structure may be increased in height to three stories not to exceed 45 feet, provided the required side yards are increased an additional one foot for each three feet such structure exceeds 25 feet.
(B) Through lots (150 feet or less in depth). On through lots 150 feet or less in depth, the height of a building may be measured from the adjoining curb level on either street.
(C) Through lots (more than 150 feet in depth). On through lots more than 150 feet in depth, the height regulations and basis of height measurements for the street permitting the greater height shall apply to a depth of not more than 150 from that street.
(D) Structures permitted above height limit. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, television aerials, steeples, roof signs, flagpoles, chimneys, smokestacks, wireless masts, water tanks, grain elevators, silos, gas containers, material hoppers, or similar structures may be erected above the height limits herein prescribed; but no penthouse or roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space for residential, business or industrial use.
(Ord. passed 3-14-2000)
§ 157.121 AREA AND YARDS.
(A) Yard regulations modified. Where the yard regulations cannot reasonably be complied with or their application determined on lots of peculiar shape, location or topography, such regulations may be modified or determined by the Board, as provided for in § 157.166.
(B) Front yard (between projecting buildings). Where a lot is situated between two lots, each of which has a main building which projects beyond the ordinance established front yard line and was so maintained when this chapter became effective, the front yard requirement on such lot may be the average of the front yards of said existing buildings, provided, however, the front yard of such lot shall not be less than ten feet.
(C) Front yard (adjoining projecting building). Where a lot adjoins only one lot having a main building which projects beyond the ordinance established front yard line and has been so maintained since this chapter became effective, the front yard requirement on such lot may be the average of the front yard of the existing building and the established front yard line, provided, however, the front yard of such lot shall be not less than ten feet.
(D) Side yards waived. For the purpose of side yard regulations, the following dwellings with common party walls shall be considered as one building occupying one lot: semi-detached dwellings, row dwellings, and group dwellings.
(E) Front and side yards waived. The front and side yards may be waived for dwellings, hotels, and lodging houses erected above the ground floor of a building when said ground floor is designed and used exclusively for business and/or industrial purposes.
(F) Rear yard accessory building. An accessory building, not exceeding 20 feet in height may occupy not more than 30% of the area of a required rear yard providing it is no less than ten feet from any side or rear lot line.
(G) Through lot may be considered as two lots. Where a through lot has a depth of 200 feet or more, and an area of 20,000 square feet or more, said lot may be assumed to be two lots with the rear line of each approximately equidistant from the front lot lines, provided all area requirements are complied with.
(H) Projection into yards.
(1) Porte cochère. A porte cochère may be permitted over a driveway in a side yard, provided such structure is not more than one story in height and 20 feet in length, and is entirely open on at least the front and rear sides, except for the necessary supporting columns and customary architectural features provided, however, such porte cochere does not extend to within six feet of a side lot line.
(2) Cornice, sill or chimney. A cornice, eave bolt course, sill, canopy or other similar architectural feature (not including bay window or other vertical projection) may extend or project into a required front, side or rear yard not more than two feet, provided the width of such side yard is not reduced to less than three feet.
(3) Fire escape. A fire escape may extend or project into any required front, side or rear yard not more than four feet.
(4) Open stairway and balcony. An open, unenclosed stairway or balcony, not covered by a roof or canopy, may extend or project into a required rear yard, and such balcony may extend into a required front yard not more than 30 inches.
(5) Open porch. An open, unenclosed porch, platform or land place not covered by a roof or canopy, which does not extend above the level of the first floor of the building, may extend or project into any required side yard not more than four feet and into any required front or rear yard not more than eight feet.
(6) Fence or wall. A fence, lattice-work screen or wall in connection with residential use, not more than six feet in height, but not to extend into the required front yard, or a hedge or thick growth of shrubs, maintained so as not to exceed four feet in height may be located in any required front or side yard except for corner setbacks as required in § 157.009.
(7) Landscape feature. A landscape feature, such as trees, shrubs, flowers or plants, shall be permitted in any required front, side or rear yard, provided it does not violate the provisions of § 157.009.
(Ord. passed 3-14-2000)