[R.O. 2008 §280.158]
The provisions relative to building height and lot area regulations
within the foregoing zoning district regulations shall be subject
to the following exceptions and further regulations.
[R.O. 2008 §280.162; Ord. No. 1622 §1, 2-28-1989; Ord. No. 1623 §1, 2-28-1989; Ord.
No. 1731 §7, 2-11-1992; Ord. No. 1851 §2, 4-11-1995; Ord.
No. 1905 §1, 12-10-1996]
A. On
double frontage lots exceeding two hundred (200) feet in lot depth,
minimum front yard requirements shall apply to each yard bounded by
a street or place.
B. The
side yard requirements for dwellings shall be waived where dwellings
are erected above stores or industries.
C. Every
part of a required yard shall be open from its lowest point to the
sky unobstructed, except for permitted fences and for the ordinary
projection of sills, belt courses, cornices, buttresses, ornamental
features and eaves; provided however, none of the above projections
shall extend into a minimum side yard more than twenty-four (24) inches.
D. Open
or enclosed fireproof outside stairways and balconies projecting into
a yard not more than three and one-half (3½) feet and the ordinary
projections of chimneys and flues may be permitted by the Building
Official where same are placed so as not to obstruct the light and
ventilation.
E. More
than one (1) industrial, commercial, multiple dwelling or institutional
building may be erected upon a single lot or tract, but the yards
and open spaces required around the boundaries of the lot or tract
shall not be encroached upon by any such buildings, nor shall there
be any change in the intensity of use requirements.
F. Transitional
yard requirements set forth in Section 400.750(5) of this zoning ordinance
shall not apply to outdoor storage of material and equipment and outdoor
display of merchandise in conjunction with garden supplies in the
Commercial/Office/Retail District and approved in accordance with
Section 400.740(B)(4) of this zoning ordinance.
[R.O. 2008 §40.200; Ord. No. 675, 6-23-1964; Ord. No. 1158, 11-11-1975]
Radio towers and antennas accessory to a building or structure
used for commercial or industrial purposes may be erected to a height
not to exceed one hundred (100) feet above the ground; provided that
any such tower and/or antenna, whatever its height, which is roof-mounted
may be installed only upon arrival by the Council of the City of Olivette,
upon its finding that same is to be located upon a building or structure
used for commercial or industrial purposes, that same does not create
any safety hazard, that the proposed construction, including materials,
method of anchorage and electrical connections, are in compliance
with all applicable requirements of the Building and Electrical Codes
of the City and that its location and height will not adversely affect
the occupants of surrounding property or the members of the general
public.
[R.O. 2008 §40.205; Ord. No. 877, 6-10-1969]
Dust collectors and other air pollution control devices required
to be installed under applicable air pollution control regulations
in connection with commercial and industrial buildings may be erected
to a height not to exceed fifty (50) feet above the ground.
[R.O. 2008 §40.210; Ord. No. 1368, 8-25-1981]
Television towers may be erected within a commercially or industrially
zoned district to a height not to exceed two hundred fifty (250) feet
above the ground upon approval by the Council of the City of Olivette,
upon its finding that the proposed construction, including location
and access, materials, load resistance, uplift, grounding and all
other provisions, are in compliance with all applicable requirements
of the Building and Electrical Codes of the City and that its location
and height will not adversely affect the occupants of surrounding
property or the members of the general public.
[R.O. 2008 §40.215; Ord. No. 1508, 4-22-1986; Ord. No. 1630, 5-23-1989; Ord. No. 1640, 8-29-1989; Ord. No. 1692, 2-26-1991; Ord. No. 1751, 6-9-1992; Ord.
No. 1768, 12-8-1992; Ord. No. 1815, 5-24-1994; Ord. No. 1816, 5-24-1994; Ord. No. 1822, 6-14-1994]
A. Findings. The Council of the City of Olivette upon due consideration
has determined that:
1. Dish-type antennas for residential use in receiving signals from
satellites are becoming more popular; and
2. Satellite dish antennas are generally larger in surface area and
are more obtrusive and unsightly than other types of antennas and
have correspondingly greater impact on the aesthetics of residential
neighborhoods; and
3. Satellite dish antennas raise unique safety concerns because the
parabolic dish traps wind, subjecting the antenna to a higher amount
of wind force than other types of antennas and thus requires unique
placement considerations; and
4. The City's regulation of the installation of satellite dish antennas
is necessary to diminish the visual impact of such antennas in residential
areas and to ensure safe placement of such structures in the City.
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Accordingly, this Section shall apply to any exterior dish-type
antenna used to receive or transmit television, radio or other electronic
signals, which is larger than two (2) feet six (6) inches, in any
linear dimension.
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B. A building permit may be issued for any dish-type antenna as defined in Subsection
(A) above which does not present an obtrusive or unsightly appearance so as to detract from residential neighborhood aesthetics and an installation of which does not constitute a health or safety hazard. The following standards shall apply:
1. The dish antenna shall be located only within the buildable area
of a rear yard or side yard of a lot, as those terms are defined in
the City's zoning ordinance.
2. The dish antenna shall be ground mounted and all associated wiring
shall be placed underground.
3. The dish antenna shall be limited to a maximum of eight (8) feet
in any linear dimension and to a maximum height of nine (9) feet above
the ground. The area of the installation shall not be elevated by
a berm or hill.
4. The dish antenna shall be visually screened year-round from all directions
beyond the lot lines by landscaping, existing structures, sightproof
fencing or similar methods. All such screening installed shall be
continuously maintained in satisfactory condition.
5. The dish antenna and all structural supports shall be painted to
minimize visual impact.
6. There shall be a maximum of one (1) dish antenna per lot in residential
zoning districts.
7. All dish antenna installations shall also comply with all the applicable
provisions of the Building Code and the Zoning Code of the City of
Olivette including electrical permit requirements.
C. Notwithstanding anything in Subsection
(B) hereof to the contrary, a dish antenna may be located on the roof of a commercial building or structure, subject to prior review and approval of the Planning and Community Design Commission as herein provided. No diameter of any such dish antenna shall exceed six (6) feet and no such dish antenna shall extend more than seven (7) feet above main roof level, except that on commercial buildings or structures over eighty-five (85) feet in height, any such dish antenna:
1. May be up to ten (10) feet in diameter; and
2. May extend up to nineteen (19) feet above main roof level.
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The Planning and Community Design Commission shall review all
applications for installation of dish antennas under this Subsection.
The Planning and Community Design Commission shall approve or conditionally
approve the application if it finds that the installation would not
be detrimental, inharmonious or inconsistent with the property in
the surrounding area. Such a finding shall be based on a determination
that the position, color, appearance and overall design of the installation
are compatible with the architectural design of the structure and
harmonious with surrounding properties. The Planning and Community
Design Commission may require that the installation incorporate reasonable
measures to minimize potential adverse effects on surrounding properties.
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D. Where the Planning and Community Design Commission determines upon the written request of an applicant that compliance at a particular location with the standards as set forth in Subdivisions (1) through (6) of Subsection
(B) hereof or the standards as set forth in Subsection
(C) hereof will impose unreasonable limitations on or prevent reception of satellite signals or will impose excessive costs on dish antenna users, the Planning and Community Design Commission shall have authority to vary the standards. In exercising this authority, the Planning and Community Design Commission shall vary the standards only to the extent necessary to alleviate the limitations imposed at that location consistent with the aesthetic, health and safety objectives of this Section. The Planning and Community Design Commission shall further consider whether the application of any standard at a particular location results in:
1. Obscuring of the dish antenna line of sight;
2. Prevention of satellite signal reception; or
3. Imposition of excessive costs in light of the purchase and installation
cost of the equipment.
4. No owner of property on which a satellite dish is to be installed
shall initiate the installation or cause any such act without first
obtaining all required building and electrical permits therefor. Additionally,
no contractor shall commence work on said installation prior to the
issuance of all required permits. Plans, specifications and manufacturer's
data shall include site plan including adjacent structures within
two hundred fifty (250) feet, landscaping plans, mechanical and electrical
plans, structural and foundation plans and calculations.
5. All work shall be performed by license contractors in the required
trades.