The regulations in this chapter shall be subject to the following interpretations and exceptions:

(1)

Essential services. Essential services shall be permitted as authorized and regulated by law and other codes and ordinances of the municipality, it being the intention of this subsection to exempt such essential services from the application of this chapter.

(2)

Voting places. The provisions of this code 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.

(3)

Height limit. The height limitations of this code shall not apply to farm buildings, chimneys, spires, flagpoles, public monuments, or wireless transmission towers; provided, however, that the zoning board of appeals may specify a height limit for any such structure when such structure requires authorization as a special land use, or a use requiring issuance of a use permit as set forth in this chapter.

(4)

Lot area. Any lot existing and of record on the effective date of the ordinance from which this code is derived may be used for any principal use permitted in the district, other than special land uses for which special lot area requirements are specified in this chapter, whether or not such lot complies with the lot area and width requirements of this code. Such use may be made provided that all requirements, other than lot area and width, prescribed in this chapter are complied with, and provided that not more than one dwelling unit shall occupy any lot except in conformance with the provisions of this code for required lot area for each dwelling unit.

(5)

Lots adjoining alleys. In calculating the area of a lot that adjoins an alley for the purpose of applying lot area requirements of this code, one-half the width of such alley abutting the lot shall be considered as part of such lot.

(6)

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

(7)

Porches and patios. Upon review and approval by the city, an open, unenclosed porch or paved terrace may project from the main structure into a minimum required front yard setback for a distance not to exceed seven feet. This porch or paved terrace may be fully or partially covered with a permanent roof structure, which may be an integral projection of the roof of the main building or may be a canopy or awning, provided:

a.

The covered projection is intended solely for appearance or to protect the open porch or terrace from the elements and shall not in any way enclose the porch or terrace, or any part thereof;

b.

The projection will not significantly diminish light and air to the main building or to homes on either side of the main building; and

c.

The projection will not significantly alter or diminish the visual impression of the minimum required front yard setback as an open, unobstructed lawn panel in common with other front lawn panels along the block frontage.

d.

The covered porch or terrace will continue to create a uniform visual impression of a common front yard area along the block frontage.

e.

The projection of the covered porch or terrace into the minimum required front yard will be such that it will not become a visually predominant structural feature along the block frontage, diminishing the common front yard appearance of the block frontage.

(8)

Projections into yards. Architectural features, not including vertical projections, 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.

(9)

Access through yards. For the purpose of this code, 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 pavement servicing a like function, and not in excess of nine inches above the grade upon which placed, shall for the purpose of this code not be considered to be a structure, and shall be permitted in any required yard.

(10)

Lots having water frontage. On those lots or parcels having water frontage, a covered and/or uncovered boat well shall be permitted after review and approval of plans by the planning commission.

(11)

Private swimming pools. The lot coverage limitations of this chapter shall not apply to private aboveground swimming pools less than 113 square feet in area or 12 feet in diameter and 42 inches in depth at the pool side. Aboveground pools larger than 113 square feet in area or 12 feet in diameter and 42 inches in depth at the pool side and in-ground pools shall be subject to the lot coverage limitations of this chapter.

(12)

Parking requirements on existing business lots. Lots of record in B-1 and B-3 districts, at the time this chapter became effective, and platted as 20-foot frontage lots, and those business lots abutting lots of record and having a depth of 100 feet or less, shall provide at least two off-street parking spaces for each 20 feet of frontage. The number of spaces required in Article XXVI in this chapter shall not represent the minimum requirement on these lots.

(Ord. No. 802, § 1, 12-14-2020)