[Ord. No. 646 §2]
Every single-family dwelling erected within the city shall conform to the minimum ground floor area requirements contained in the table below. The measurement of the minimum ground floor area shall be determined by the area exclusive of utility rooms, unroofed porches, unenclosed roofed porches and garages. Indoor plumbing and toilet facilities shall be provided for sanitation in all occupied buildings within the city; provided, however, that upon application the planning and zoning commission may except from this requirement freestanding commercial buildings of one hundred square feet or less. The architecture and general appearance of all buildings shall be in keeping with the character of development in the neighborhood in which the building is proposed.
Every application for a building permit for a residential or other building which, in the opinion of the building commissioner, indicates that the building would be unsightly, grotesque or unsuitable when compared to surrounding residential and other buildings, is detrimental to the stability of values of surrounding property and does not conform in general to the surrounding property, shall be submitted by the building commissioner, along with plans, elevations, detailed drawings and specifications, to the zoning commission before being finally approved by the building commissioner.
If the zoning commission returns the application to the building commissioner without disapproval, the building commissioner may issue the permit. Failure by the zoning commission to act within thirty days after the building commissioner shall have delivered the plans to the zoning commission shall be authority for the building commissioner to issue the permit.
If the zoning commission shall return the application to the building commissioner with disapproval and recommendations, the building commissioner may issue the permit; provided, that the applicant shall make appropriate changes in the drawings and specifications and agree to comply with the recommendations of the zoning commission.
If the zoning commission shall return the application to the building commissioner with its disapproval and without recommendation, or with its disapproval with recommendations, and the applicant shall refuse to comply with the recommendations, in either case, the building commissioner shall refuse to issue the permit.
[Ord. No. 646 §2]
The requirements of this chapter in the height and area districts shall be subject to the following height exceptions and regulations:
In the thirty-five and forty-five foot height districts, public or semipublic buildings, hospitals, sanitariums or schools may be erected to a height not exceeding seventy-five feet when the front, side and rear yards are increased an additional two feet for each foot such buildings exceed thirty-five or forty-five feet in height; provided, that such exceptions shall not be permitted where they would conflict with any existing ordinances of the city, or other governmental regulations regarding the height of buildings surrounding airports, landing fields or landing strips.
Dwellings in the thirty-five foot height district may be increased in height by not more than ten feet when two side yards of not less than fifteen feet each are provided. Such dwellings, however, shall not exceed three stories in height; provided, further, that such additional heights shall not be permitted where they would conflict with any existing ordinances of the city, or other governmental regulations regarding the height of buildings surrounding airports, landing fields or landing strips.
Chimneys, towers, penthouses, radio and television towers, scenery lofts, monuments, cupolas, domes, spires, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing ordinances of the city, but such structures shall not be permitted within one mile of an airport, landing field or landing strip.
[Ord. No. 646 §2; Ord. No. 1633 §6, 9-17-2002]
Where lots comprising forty percent (40%) or more of the frontage are developed with buildings having an average front yard with a variation of not more than six (6) feet in the "R-1" through "R-4" Residence District and ten (10) feet in the "C" Commercial Districts, no building hereafter erected shall project beyond the average front yard line so established; provided further, that this regulation shall not be so interpreted as to require a front yard of more than sixty (60) feet in the "R-1" Residence District and fifty (50) feet in the "R-2" through "R-4" Residence Districts and the "C" Commercial District.
[Ord. No. 646 §2]
Buildings on through lots and extending through from street to street may waive the requirements for a rear yard by furnishing a front yard on both streets.
[Ord. No. 646 §2]
In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens in 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.
[Ord. No. 646 §2; Ord. No. 1237 §§4 — 5, 7-16-1996; Ord. No. 1697 §2, 6-3-2003; Ord. No. 1815 §1, 1-18-2005; Ord. No. 2470, 12-18-2018]
Accessory buildings which are not a part of the main building may be built in a rear yard within five (5) feet of the rear and side lot lines, with the exception of those within the "LLRD" zoning district which shall be governed by Section 23-82. An accessory building which is not a part of the main building shall not occupy more than thirty percent (30%) of the required rear yard.
Accessory buildings which are to be used for storage purposes only may not be erected upon a lot prior to the construction of the main building. A Special Use Permit may be issued for the use of an accessory building which is used as rental property of the Owner of the zoned lot within the Large Lot Residential District zoning after being authorized by the Special Use Permit process subject to conditions including the following:
The proposed dwelling unit is only to be used as public rental property by Special Use Permit so as to allow for the occupancy of a single accessory building located on a lot in the Large Lot Residential District zoning by no more than one (1) family who shall reside in the accessory building of the owner of the existing zoned lot.
Only one (1) accessory structure with a dwelling unit above is permitted on a lot.
The accessory building is to be no greater in height than the principal structure.
The accessory structure shall have a minimum seventy-five (75) foot setback from side and rear property lines.
The Board of Aldermen may give consideration to a rear setback for a swimming pool between the required rear setback of a particular zoning district classification and twenty (20) feet from the rear property line, subject to the following:
The swimming pool setback measurement is determined from the vertical wall of the pool and shall exclude appurtenances.
Setback consideration may not be given to swimming pools which would result in utility or utility easement encroachment.
The Board of Aldermen must make a determination that the proposed placement of such swimming pool will not adversely affect neighboring property and not negatively impact the character of the neighborhood.
Portable garages or carports as defined in this Chapter are not permitted.
Editor's Note: Ord. No. 2470 also changed the title of this Section from "Accessory Buildings" to "Accessory Structures."
[Ord. No. 646 §2; Ord. No. 653 §2; Ord. No. 1294 §10, 6-17-1997; Ord. No. 1310 §2, 9-16-1997; Ord. No. 1488 §26, 10-17-2000]
Every part of a required yard shall be open from its lowest point to the sky unobstructed, except as follows:
Ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twenty-four (24) inches into any required yard area;
Ordinary projection of chimneys and flues, not to exceed three (3) feet in width, projecting not to exceed two (2) feet into any required yard area;
Roof overhangs projecting not to exceed twenty-four (24) inches into any required yard area;
Decks and patios shall be constructed in rear and side yards only, and shall not extend into the minimum side yard or any portion of the front yard;
No cornice shall project over the street right-of-way line more than four (4) feet;
Open or enclosed fire escapes, fireproof outside stairways and balconies may project into a required yard area not more than three and one-half (3½) feet.
[Ord. No. 646 §2]
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.
[Ord. No. 804 §1]
Upon the recommendation of the Planning and Zoning Commission, the Board of Aldermen may approve variances of the yard requirements of those lots having a frontage of fifty-nine (59) feet or less, involving the distance from the proposed structure to public roadway right-of-way, to the extent of narrowing those distances. Application for such a variance shall comply with the special use permit procedures contained in Section 23-182.
Editor’s Note: Former Division 2, Regulations and Control of the Disturbance of Land Surface Areas, adopted and amended 11-19-1991 by Art. 2 of Ord. No. 1008, 7-15-1997 by §1 of Ord. No. 1297; 3-17-1998 by §1 of Ord. No. 1346; 4-21-1998 by §2 of Ord. No. 1354; 10-17-2000 by §1 of Ord. No. 1492; 8-21-2001 by §1 of Ord. No. 1548; 11-5-2002 by §1 of Ord. No. 1655; and 4-5-2005 by §1 of Ord. No. 1825, was repealed 7-15-2014 by §1 of Ord. No. 2307. For current provisions, see Ch. 10B, Land Disturbance and Stormwater Management.