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Sturgeon City Zoning Code

ARTICLE XI

Height, Yard, And Area Exceptions And Additional Regulations

Section 405.460 Height.

A. 
In Districts "R-1," "R-2," "R-3," "B-1," "B-2," "B-P," "B-T," and "M-H" public or semipublic buildings, such as hospitals, sanitariums or schools, either public or private, where permitted, may be erected to a height not exceeding seventy-five (75) feet; provided that such buildings shall be set back one (1) additional foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.
B. 
Dwellings in Districts "R-1" and "R-2" may be increased in height not exceeding ten (10) feet, in addition to the limitation prescribed in such districts; provided that two (2) side yards of not less than fifteen (15) feet in width each are provided. In no case shall such dwelling, however, exceed three (3) stories in height.
C. 
Parapet walls shall not extend more than six (6) feet above the height limit. Flagpoles, chimneys, cooling towers, electric display signs, elevator bulkheads, penthouses, finials, gas tanks, grain elevators, stacks, storage towers, radio towers, ornamental towers, monuments, cupolas, domes, spires, standpipes and necessary mechanical appurtenances may be erected as to height in accordance with existing or hereafter adopted laws or codes of the City.
D. 
On through lots of one hundred twenty-five (125) feet in depth, the height of a building may be measured from the curb level of either street. On through lots of more than one hundred twenty-five (125) feet in depth, the height regulations for the street permitting the greater height shall apply, to a depth of not more than one hundred twenty-five (125) feet from that street.

Section 405.470 Area Per-Family Exceptions.

A. 
For any building used jointly for business and residential purposes, the number of families permitted by the lot area requirements per family shall be reduced in the same proportion as the floor area devoted to business bears to the entire floor area of the building; provided that floor area below the first floor of such building shall not be included in any calculation under this provision.
B. 
For any building providing jointly for hotel and apartment house use, the number of families permitted in apartments by the lot area requirements per family shall be reduced in the same proportion as the total floor area devoted to hotel or non-housekeeping rooms bears to the total area devoted to both uses.

Section 405.480 Yard.

A. 
In Districts "R-1," "R-2," "R-3," "B-1," "B-2," "B-T," "B-P," and "M-H" where lots comprising forty percent (40%) or more of the frontage, on the same side of a street between two (2) intersecting streets (excluding reverse corner lots), are developed with buildings, the average of the front yards of such building shall establish the minimum front yard depth for the entire frontage; except that, where a recorded plat has been filed showing a setback line which otherwise complies with the requirements of this Chapter, yet is less than the established setback for the block as provided above, such setback line shall apply; provided that the Board of Adjustment may permit variations in case of hardship, or where the configuration of the ground is such as to make conformity with the front yard requirements impractical.
B. 
Where an official line has been established for future widening or opening of a street upon which a lot abuts, the depth or width of a yard shall be measured from such official line to the nearest line of the building.
C. 
Every part of a required yard or court shall be open from the lowest level of such yard or court to the highest point of any boundary wall and to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided that none of the above projections shall extend into a court more than six (6) inches, nor into a minimum yard more than twenty-four (24) inches, and provided, further, that canopies or open porches having a roof area not exceeding sixty (60) square feet may project a maximum of six (6) feet into the required front yard. Open decks without roofs and stoops and porches without roofs may project not more than ten (10) feet into a required front or rear yard, and existing open porches and open decks extending into the required yard shall not be enclosed except by railings. However, no open decks without roofs extending into a required yard and above the ground shall be used as a roof for either a carport or for storage. Notwithstanding anything to the contrary herein, no open decks without a roof or stoops or porches without a roof shall extend into a required front yard to such an extent that less than six (6) feet of the required front yard remains. Steps leading to an open deck without a roof or a stoop or porch without a roof shall be considered part of said open deck, stoop or porch in determining whether the said open deck, stoop or porch meets the yard requirements in this Subsection. Patios flush with the ground shall be treated the same as a sidewalk and shall not be subject to any minimum yard requirements.
D. 
An open fire escape may project into a required side yard not more than one-half (1/2) the width of such yard and not more than four (4) feet from the building. Fire escapes, solid-floored balconies and enclosed outside stairways may project not more than four (4) feet into a rear yard.
E. 
A terrace garage in a District "R-1" to "R-3," inclusive, may be located in a front or side yard; provided that it is completely recessed into the terrace and that the height of the terrace is sufficient to cover and conceal the structure from above, and further provided that the doors, when open, shall not project beyond any property line and that the structure be set back at least four (4) feet from the front property line.
F. 
In any district, a detached accessory building not exceeding twenty-four (24) feet or two (2) stories in height, or in any case not higher than the main building, may occupy not more than thirty percent (30%) of a rear yard; except that, in Districts "R-3," "B-1," "B-2," "B-P," "B-T," or "M-H" if such building is not more than one (1) story or sixteen (16) feet high, it may occupy forty percent (40%) of a rear yard. A detached accessory building may be connected with the main building by a lightly constructed, covered passage, open on each side, not more than six (6) feet wide inside, the roof of which is not more than twelve (12) feet high at its highest point and is not an extension of the roof of the main building.
G. 
Except as specifically required adjacent to a District "R-1" to "R-3," inclusive, and except as specifically required in District "B-1" where the side line of a lot borders upon a street, buildings in Districts "B-1," "B-P," "B-T," or "M-H" used wholly or partially for business or industrial purposes need not provide a side yard; provided that portions of such buildings which are designed or used for dwelling purposes shall provide, on any floor so used, in addition to the front and rear yard requirements, open space equivalent to the area of side yards for buildings used exclusively for dwelling purposes in the district in which such building is situated. Such open space may be in the form of additional front or rear yards, or one or more courts opening to the street or rear yard; provided that
1. 
No court shall have a width of less than ten (10) feet, nor a width of less than two and one-half (2 1/2) inches for each foot of height in the court; and
2. 
The width of any portion of a required side yard, as provided in this Chapter, may be considered a part of such court.
H. 
No rear yard shall be required in District "B-1" to "M-H," inclusive, on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection.
I. 
In computing the depth of a rear yard for any building where such yard abuts an alley, one-half (1/2) of such alley may be assumed to be a portion of the rear yard.
J. 
In any district where buildings on adjoining lots, used exclusively for dwelling purposes, do not conform to the side yard requirements of this Chapter, the Board of Adjustment may vary the side yard requirements; provided that no building may be built nearer than three (3) feet to the side lot line, and provided that the width of the building allowable under the regulations of this Chapter may not be increased.
K. 
Notwithstanding the provisions of Subsection (C), a canopy or awning on a structure with a permitted business use may extend into the required yard, provided that no structure or pole supporting the canopy or awning is attached to the ground within the required yard. Such canopy or awning shall not extend beyond the property line, provided that where a business structure abuts a public sidewalk, the canopy or awning may extend over the public sidewalk but no farther than the curbline of the street. Where such a canopy or awning does overhang a public sidewalk, it shall not obstruct or interfere in any way with streetlights, traffic devices, highway signs, utilities, public improvements, or other public uses located on any public property or right-of-way. Such a canopy or awning constructed after the effective date of this Chapter shall be placed at a minimum height of seven (7) feet, six (6) inches, as measured from the lowest point of the canopy or awning to the public sidewalk.
L. 
Notwithstanding the provisions of Subsection (C), in District "R-1," "R-2," or "R-3," a one-family dwelling or two-family dwelling that does not have an attached garage and to which has been granted a certificate of occupancy for non-conforming use because a preexisting front yard failed to meet depth requirements, may have a detached canopy of a quality in harmony with that of the dwelling to which it relates, provided the canopy is open on all four (4) sides, does not exceed twelve (12) feet in width or twenty-one (21) feet in length, is erected over a paved driveway, does not extend into a required front yard a distance of more than eight (8) feet from the existing front line of the dwelling, does not extend any closer than ten (10) feet to the front lot line, and does not extend into any other required yard.