1.   Use of Existing Lots of Record. In any district where dwellings are permitted under the provisions of this chapter, a single-family dwelling may be located on any lot or plot of official record, recorded prior to the effective date of the Zoning Ordinance, irrespective of its area or width, provided, however:

      A.   The sum of the side yard widths of any such lot or plot shall not be less than 30 percent of the width of the lot, with the least side width being a minimum 10 percent of the lot width.

      B.   The depth of the rear yard of any such lot need not exceed 20 percent of the depth of the lot, but in no case shall it be less than 20 feet.

   2.   Structures Permitted Above the Height Limit. The building height limitations set forth in prior sections of this chapter shall be modified as follows:

      A.   Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, tanks, water towers, ornamental towers, spires, radio or television towers, or necessary mechanical appurtenances may be erected to a height in accordance with existing or hereinafter adopted ordinances of the City.

      B.   Public, semi-public, or public service buildings, hospitals, sanatoriums, or schools, where permitted in a district, may be erected to a height not exceeding 45 feet. Churches and temples when permitted in a district may be erected to a height not exceeding 60 feet if the building is set back from each property line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.

   3.   Existing Double Frontage Lots. Buildings on through lots and extending from street to street shall provide the required front yard on both streets.

   4.   Computation of Rear and Side Yards.  In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens onto an alley, one-half of such alley may be assumed to be a portion of the yard.

   5.   Additional Yard Exceptions. Every part of a required yard shall be open to the sky unobstructed with any building or structure, except for a permitted accessory building in a rear yard, and except for ordinary projections not to exceed 24 inches, including roof overhang. In areas where some lots are developed with a front yard that is less than the minimum required for the district by this chapter or where some lots have been developed with a front yard greater than required by this chapter, the following rule shall apply: Any new building or addition in front thereof shall not be closer to the street right-of-way than the average of the front yard of the first building on each side within a distance of 200 feet measured from building to building, except as follows:

      A.   Building located entirely on the rear half of a lot shall not be counted.

      B.   No building shall be required to have a front yard greater than 50 feet.

      C.   If no building exists on one side of the lot within 200 feet, the minimum front yard shall be the same as that for the building on the other side.

   6.   Zoning of Annexed Areas. Any land annexed to the City after the effective date of the Zoning Ordinance shall be zoned an A District until the Commission and Council shall have studied the area and adopted a final zoning plan for the area in accordance with procedures set forth in this chapter. The final zoning plan shall be adopted within three months of date of annexation.

   7.   Special Use Permits.

      A.   The Council may, by special permit, after public hearing, authorize the location of any of the following buildings or uses in any district from which they are prohibited by this chapter. Notice of time and place of hearing shall be given to all persons owning and/or occupying property within 200 feet, excluding public right-of-way, of the proposed location at least 15 days in advance of hearing by special delivery letter, and to the remaining affected property owners at least 15 days prior to the hearing by placing notices in a paper of general circulation in the City.

         (1)   Any public building erected and used by any department of the City, Township, County, State or federal government.

         (2)   Airport or landing field.

         (3)   Community building or recreation field.

         (4)   Hospitals, non-profit fraternal institutions provided they are used solely for fraternal purposes, and institutions of an education, religious, philanthropic, or eleemosynary character, provided that the building shall be set back from all yard lines such distance as may be required by the City Council in said special use permit.

         (5)   Pre-schools.

         (6)   Public cemetery.

         (7)   Barber shop or salon.

         (8)   Bed and Breakfast or Recreation Lodge. “Bed and breakfast” means a single- or two-family residential dwelling which is owner occupied and operated and provides lodging with meals for compensation for a period not to exceed two weeks and which rents out no more than three guest rooms, with no more than two beds in each room. “Recreation lodge” means a building or establishment containing no more than three guest rooms where short term sleeping accommodation (not to exceed two weeks), or day use for indoor recreation events, with or without meals, are provided for compensation.

      B.   In the case of a barber shop or salon, the permit shall not be considered in the event the barber shop or salon employs or retains as an independent contractor, or shareholder any person other than the owner, joint-tenant, or tenant-in-common of the dwelling. In the case of a salon, the use permit shall be renewed on an annual basis at an annual cost of $45.00. The special use permit is renewable only upon proof of the salon’s license renewal on an annual basis. The special use permit is renewable for a barber shop on a biennial basis upon proof of the barber shop's license renewal at a cost of $90.00 per biennium.

      C.   Before issuance of any special permit for any of the above buildings or uses, the Council shall refer the proposed application to the Commission, which shall be given 45 days in which to make a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the general welfare. No action shall be taken upon any application for a proposed building or use above referred to until and unless the report of the Commission has been filed, provided, however, that if no report is received from the Commission within 45 days, it shall be assumed that approval of the application has been given by the said Commission. Prior to the issuance of the special use permit by the City Clerk, the applicant shall pay the actual costs of publication and postage expenses incurred for the notices required by this section.

      D.   The special permit shall not be transferable to any subsequent or substitute owner. Further, the special permit issued may include time limits, and other conditions or safeguards deemed necessary or appropriate by the City Council. Violations of any of the conditions or safeguards herein shall be deemed a violation of this chapter and punishable under the provisions of this chapter. In addition, the special permit in connection with such violation shall be subject to revocation by the City Council.

   8.   Area Requirements. In any R district, where public water supply and public sanitary sewer is not accessible, the minimum lot area and frontage requirements shall be determined by the Council, in keeping with the general objectives of this chapter. In no case shall the minimum lot area be less than 20,000 square feet.