§ 109-20. Exceptions and modifications.

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

(1)

Use of existing lots of record. In any district where dwellings are permitted, a single-family dwelling may be located on any lot of official record as of the original effective date of the ordinance from which this chapter is derived irrespective of its area or width; and in addition, any two-family dwelling may be located on any lot or plot in any R-2 or R-3 Residence District that has a lot width of not less than 60 feet and is of official record as of the original effective date of the ordinance from which this chapter is derived; provided, however:

a.

The sum of the side yard widths of any such lot or plot shall not be less than ten feet, but in no case less than five feet, for any one side yard.

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 less than ten feet.

c.

In the case of a lot of record where the above requirements are greater than those of the district in which it is located, the lesser requirement shall apply.

d.

In the case of building setback lines established on lots of record, as of the original effective date of the ordinance from which this chapter is derived, such setback lines may apply in lieu of those required by this chapter unless existing adjacent building setbacks are greater than specified on the plat of record, in which case the provisions of section 109-5 shall apply.

(2)

Structure permitted above height limit. The building height limitations of this chapter shall be modified as follows:

a.

Chimneys, cooling towers, elevator bulk heads, fire towers, monuments, penthouses, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, and spires, radio or television towers, or necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordinances of the city.

b.

Public, semi-public, or public service buildings, hospitals, sanatoriums, or schools, when permitted in a district, may be erected to a height not exceeding 60 feet, and churches and temples, when permitted in a district, may be erected to a height not exceeding 75 feet if the building is set back from each property line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is built.

c.

Single-family dwellings and two-family dwellings in the dwelling districts may be increased in height by not more than ten feet when two side yards of not less than 15 feet each are provided, but they shall not exceed three stories in height.

(3)

Area requirements. In any district where neither public water supply or private water supply serving three or more lots, nor public sanitary sewers or a private sanitary sewer treatment system serving three or more lots is accessible, the lot area requirement shall be:

Lot area; three acres, however, that where a public water supply or a private water system serving three or more lots this requirement shall be 10,000 square feet. All other lots requirements of the district in which such lots exist shall apply.

(4)

Double frontage lots. Buildings on through lots and extending through from street to street shall provide the required front yard on both streets.

(5)

Rear and side yards, how computed. In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens on an alley, one-half of the alley width may be included as a portion of the rear or side yard as the case may be.

(6)

Other exceptions to yard requirements. 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 the ordinary projections of skylights, sills, belt courses, cornices, and ornamental features projecting not to exceed 24 inches. Residential fences or landscape features such as sculpture or walls may be erected or constructed on property lines provided no such fence in any front yard exceeds four feet in height and eight feet in height in the case of side or rear yards. In the C-1 Central Business District, signs, overhangs and marquees may extend over street right-of-way lines provided erection of such signs, overhangs, and marquees be constructed in accordance with the provisions of the building code.

(7)

Porches. An existing open porch may be remodeled or rebuilt to an enclosed non-habitable vestibule entranceway (which may include closet space) when projecting not more than one-fourth the distance of the front yard setback and extending in width not more than one-fourth of the width of the residence.

(Prior Code, § 121.20)