The regulations in this ordinance shall be subject to the following interpretations and exceptions.

Essential services serving the City of Utica shall be permitted as authorized and regulated by law and other ordinances of the municipality. Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the municipality shall receive the review and approval, after a public hearing, of the city council acting in the capacity of appeal board. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and further, shall consider injurious effects on property abutting or adjacent thereto and on the orderly appearance of the City of Utica.

The provisions of this 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 ordinance shall not apply to farm buildings, chimneys, church spires, flagpoles, public monuments or television antennae for personal use; provided, however, that the city council may specify a height limit for any such structure when such structure requires authorization as a conditional use.

Any lot existing and of record on the effective date of this ordinance may be used for any principal use permitted in the district which such lot is located, other than conditional uses for which special lot area requirements are specified in this ordinance, whether or not such lot complies with the lot area and width requirements of this ordinance. Such use may be made provided that all requirements other than lot area and width prescribed in this ordinance are complied with and provided that not more than one dwelling unit shall occupy any lot except in conformance with the provisions of this ordinance for required lot area for each dwelling unit. (See also section 1403, nonconforming lots.)

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 as determined by the city council, acting as appeal board.

An open, unenclosed, and uncovered porch or paved terrace may project into a front yard for a distance not exceeding ten feet, but this shall not be interpreted to include or permit fixed canopies.

Architectural features, not including vertical projections, may extend or project into a required side yard not more than three 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.

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

Canopies and awnings offering partial protection from the weather, but not fully enclosed, and which extend into a public right-of-way or required yard, may be considered for approval subject to the following conditions:

1.

Canopies and awnings extending into a public right-of-way are subject to the following requirements:

a.

Such approval shall only be granted by the city council following planning commission recommendation.

b.

Any such structure shall not extend closer than 24 inches to any vehicular parking space or moving vehicle lane.

c.

Any such structure shall not conflict with necessary sight distances for proper vehicular and pedestrian movements.

d.

Any such structure shall not conflict with any existing or proposed: landscape features, traffic control device, adjacent properties and signs and pedestrian movements.

e.

The height, location, materials, construction and signage involved in any such structure shall specifically be subject to review and approval by the city council.

f.

The structure shall be maintained in such a manner as to continue its original appearance and provide proper safety to the persons and property it may affect.

g.

The City of Utica, its officials, employees and any of its representatives shall be guaranteed full protection against any liability or damages resulting from the construction and existence of any such structure. The nature of such protection and its continuous effect shall be subject to city council determination.

2.

Canopies and awnings extending into a required yard are subject to the following requirements:

a.

Such approval shall only be granted by the planning commission.

b.

Any such structure shall not extend closer than the height of the structure to any property line adjacent to a residential district.

c.

Any such structure shall not conflict with necessary sight distances for proper vehicular and pedestrian movements.

d.

Any such structure shall not conflict with any existing or potential development on adjacent property.

e.

The height, location, materials, construction and signage involved in any such structure shall specifically be subject to review and approval.

f.

The structure shall be maintained in such a manner as to continue its original appearance and provide proper safety to the persons and property it may affect.

A deck which is associated with a residential structure shall maintain a distance of at least 15 feet from the rear lot line and shall not occupy any required side yard or front yard area, and shall be subject to the following restrictions:

a.

The portion of a deck which occupies the required rear yard shall not be above the elevation of the first floor of the residence;

b.

No more than 25 percent of any deck shall be covered with structures such as a gazebo or a screened porch and such structures shall be nonhabitable; provided that the portion of a deck which occupies the required rear yard shall not contain any such covered structures;

c.

The portion of a deck which occupies the required rear yard shall not be converted into any enclosed habitable space.

d.

A deck shall be subject to lot coverage limitations.