Essential services serving the city and essential transportation services authorized by state and federal law shall be permitted as authorized and regulated by law and other ordinances of the municipality.

The provisions of this [zoning] ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

The height limitations of this [zoning] ordinance shall not apply to farm buildings, chimneys, church spires, flag poles, public monuments, wireless transmission towers or approved wireless communication towers; provided, however, that the board of appeals may specify a height limit for any such structure when such structure required authorization as a special use and unless otherwise specified in this [zoning] ordinance.

Any lot existing and of record on the effective date of the [zoning] ordinance may be used for any principal use permitted in the district in which such lot is located.

In calculating the area of a lot that adjoins an alley for the purpose of applying lot area and setback requirements of this [zoning] ordinance, one-half the width of such alley abutting the lot shall be considered as part of such lot.

When yard regulations cannot reasonably be complied with, or where their application cannot be determined on lots of peculiar shape, topography or due to architectural or site arrangement, such regulations may be modified or determined by the board of appeals.

An open, unenclosed and uncovered porch or paved terrace may project into a required front yard for a distance not exceeding ten feet. Decks not exceeding 24 inches in height above the grade upon which placed may project into a required side or rear yard not to exceed a depth of 30 percent of the depth of the required side or rear yard.

For the purpose of this [zoning] ordinance, access drives may be placed in the required front or side yards so as to provide access to rear yards or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Further, any walk, terrace or other surface servicing a like function, and not in excess of 12 inches above the grade upon which placed shall, for the purpose of this title, not be considered to be a structure, and shall be permitted in any required yard.

Architectural features, including gutters, soffits, eaves, cornices, and roof overlaps, may extend or project into a required side yard not more than two inches for each one foot of width of such side yard; and may extend or project into a required front yard or rear yard not more than three feet.

Bay windows, chimneys, cantilevered floors, and other similar projections of up to ten feet in length, and not occupying more than 30 percent of the length of the wall on which they are located, may project into required side yard not more than two inches for each one foot of width of such side yard (up to a maximum of two feet of projection), and may project into a required front or rear yard not more than three feet.

(A)

Front yards.

(1)

Exceptions for existing alignment of building setbacks, in any residential district, the front yard requirements of a lot may be modified so as to equal the average depth of existing developed front yards on lots within 100 feet of the lot and within the same block front. The front depth shall not be less than ten feet.

(B)

Side yards.

(1)

On lots with a width of less than 60 feet and recorded as less than 60 feet prior to the date of adoption of this section, the minimum width of each of the side yards shall be five feet, except side street yards shall be a minimum width of 15 feet.

(C)

Rear yards.

(1)

Rear yards can be reduced in the following cases.

(2)

In all residential districts any platted and recorded lot less than 120 feet deep may have three inches deducted from the required rear yard depth for every foot the lot is less than 120 feet deep. However, no rear yard shall be less than ten feet.

(D)

All yards.

(1)

When determining yard types for setback purposes any wall of any building can be the front, rear, or side so long as the rear is opposite the front and the sides to each other. The address side of the lot shall be considered the front yard side of the lot unless otherwise determined by the board of appeals.

(A)

Class A nonconforming use status, only, is hereby granted without further action to any two family dwelling located in the R-3 residential district which is properly registered as required pursuant to the City Property Maintenance Code as of the effective date of this ordinance amendment. For the purpose of this section, only the use, and not the structure, is granted Class A status. If a structure does not meet conforming status, it may be granted Class A status on a case by case basis by the planning board as provided in sections 1.0802 and 1.803 of the zoning ordinance.

(B)

Class A nonconforming structure status, only, as provided in sections 1.0802—1.0804 of this zoning ordinance is hereby granted without further action to any pylon signs located in the B-N business neighborhood district effective to the date of this ordinance amendment.

(C)

Class A nonconforming structure status, only, as provided in section 1.0802—1.0804 of this zoning ordinance is hereby granted without further action to any non-residential use as stated in section 1.0409.1(D)7). This Class A designation shall expire when the use changes. After this time, the new use would be required to request a Class A designation from the planning commission.

(Ord. of 7-22-2015; Ord. of 3-9-2022(1) )