[Code 1974 §§13-602-16-605; Ord.
No. 621, 10-27-1982; CC 2000
§§13-423-13-426; Ord. No. 1007 §16-225, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.010), 9-24-2003]
A. The
regulations and requirements as to height of buildings and area of
lots as found in each foregoing use district is modified as found
herein.
B. Height Exceptions. In any district, public or semi-public
buildings, such as churches, schools, hospitals, may be erected to
a height not exceeding seventy-five (75) feet, provided that such
buildings shall have yards which shall be increased one (1) foot on
all sides for each additional foot that such buildings exceed specified
height limit as established by the regulations of the district in
which such buildings are situated.
Parapet walls and false mansards shall not extend more than
six (6) feet above the height limit. Items such as flagpoles, chimneys,
cooling towers, elevator penthouses, radio or television antennas,
cupolas, spires and the like may be erected to a height in accordance
with existing or hereafter enacted laws affecting the same.
C. Yard Exceptions.
1. Where variations presently exist from front yard setbacks as specified
in each use district or where terrain features or lot configuration
make it more desirable to alter the setback as called for in the use
district, the Planning Commission may recommend a variance be permitted.
2. Every part of a required yard or court shall be open from its lowest
point to the sky unobstructed, except for the ordinary projection
of sills, belt courses, cornices, chimneys, buttresses, ornamental
features and eaves provided that none of the above projections shall
extend more than thirty (30) inches into a minimum yard and, provided
further, that canopies or open porches having a roof area not exceeding
sixty (60) square feet may project a maximum of six (6) feet into
the required front or rear yard and existing open porches extending
into the required yard shall not be enclosed.
3. An open fire escape may project into a required side yard not more
than half the width of such yard but not more than four (4) feet from
the building. Fire escapes, solid floored balconies and enclosed outside
stairways may project not more than four (4) feet into a required
rear yard.
4. In any district, a detached accessory building, swimming pool, game
court, patio may be built that does not occupy more than thirty percent
(30%) of the back yard area.
D. Site Distance On Corner Lots.
1. All corner lots shall provide a sight distance triangle, the short
leg of which shall be twenty (20) feet and the long leg of which shall
be one hundred forty (140) feet measured along the curb line or edge
of the pavement. Such area shall be and remain free of shrubbery,
fences or other obstruction to vision more than two (2) feet in height
measured from the roadway.
2. Obstructing intersection view — exceptions. The provisions of Section
415.010(D)(1) shall not apply to permanent buildings; public utilities poles; hedges trimmed to a height of less than two (2) feet; trees, the limbs of which are at all times kept trimmed of limbs and sucker growth on the trunk to a height of at least eight (8) feet or the limbs of which overhang the public street and are at all times kept trimmed of sucker growth to a height of at least thirteen (13) feet; plant species not planted in the form of a hedge which are so planted and trimmed as to leave at all times a clear and unobstructed cross view; fences not placed in accordance with the zoning regulations of the City; provided that any such fence shall not restrict vision of traffic on any abutting street; supporting members appurtenant to permanent buildings existing on the publication date of this Code; official warning signs or signals; to places where the contour of the ground is such that there can be no cross visibility or signs mounted ten (10) feet or more above the ground whose supports do not constitute an obstruction; and non-commercial signs constructed parallel with the base line which in the opinion of the Police Department do not obstruct the clean site zone. All heights herein mentioned shall be measured from the gutter grade at the apex of the clear zone triangle.
3. Obstructing intersection view — pre-existing violations
not excepted. No obstruction to cross visibility shall be
determined to be an exception from the application of this Article
because of its being in existence on the publication date of this
Code, unless expressly exempted by the terms of this Article.
4. Obstructing intersection view — notice, removal by
property owner. When in the opinion of the Police Department
an obstruction to visibility exists as prohibited herein, it shall
be the duty of the Police Department to give notice in writing to
the property owner or owners or occupants, provided that the notice
shall specify in what manner a traffic hazard has been alleged to
exist. The notice shall direct the removal by the property owner or
owners of such structures, trees or other obstructions which constitute
the traffic hazard. The property owner or owners shall be allowed
ten (10) days in which to comply with the order, except obstructions
of a temporary nature which shall be removed on notice.
5. Obstructing intersection view — removal by City. If within ten (10) days after the service of such notice, either
by mailing or by personal delivery, the owner or owners of the lot
or parcel of land have failed, refused or neglected to remove such
obstructions, then the City shall cause to be removed such obstructions
on the lot or pieces of land of the owner and the cost of such removal
shall be assessed and charged against the lot or parcel of ground
on which the obstruction was located and the City Clerk shall, at
the time of certifying other City taxes, extend the same on the tax
rolls of the County against the lot or parcel of ground and it shall
be collected by the County Treasurer and paid to the City as other
taxes are collected and paid.
E. Through Lot With One End Abutting A Limited Access Highway. A through lot having one (1) end abutting a limited access highway,
with no access permitted to that lot from said highway, shall be deemed
to front upon the street which gives access to that lot.
F. Accessibility To Rear Portions Of Lots — All Districts. Accessibility to the rear portion of all lots for four-wheeled vehicles
from and to a public street or alley is required.