[CC 1990 §20-265; Ord. No. 341, 5-9-2001]
The district regulations hereinafter set forth in this Article
qualify or supplement, as the case may be, the district regulations
appearing elsewhere in this Chapter.
[CC 1990 §20-266; Ord. No. 341, 5-9-2001]
Public, semi-public, or public service buildings, hospitals,
institutions, or schools, when permitted in a district, may be erected
to a height not exceeding sixty (60) feet if the building is set back
from each yard line at least one (1) foot for each two (2) feet of
additional building height above the height limit otherwise provided
in the district in which the building is located.
[CC 1990 §20-267; Ord. No. 341, 5-9-2001]
Chimneys, church steeples, cooling towers, elevator bulkheads,
fire towers, monuments, stacks, stage towers, or scenery lofts, tanks,
water towers, ornamental towers, spires, wireless towers, grain elevators,
or necessary mechanical appurtenances are exempt from the height regulations
as contained herein.
[CC 1990 §20-268; Ord. No. 341, 5-9-2001]
A.
Accessory
buildings may be built in a required back yard but such accessory
buildings shall not occupy more than thirty percent (30%) of a required
rear yard and shall not be nearer than two (2) feet to any side or
rear lot line, except that when a garage is entered from an alley,
it shall not be located closer than ten (10) feet to the alley line.
If a garage is located closer than ten (10) feet to the main building,
the garage shall be regarded as part of the main building for the
purposes of determining side and rear yards.
B.
No
accessory building shall be constructed upon a lot until the construction
of the main building has been actually commenced, and no accessory
building shall be used for dwelling purposes, other than by domestic
servants employed entirely on the premises.
[CC 1990 §20-269; Ord. No. 341, 5-9-2001]
Every part of a required yard shall be open to the sky, unobstructed
by any structure, except for the projection of sills, belt course,
cornices, and ornaments, and features which are not to exceed twelve
(12) inches.
[CC 1990 §20-270; Ord. No. 341, 5-9-2001]
No basement or cellar shall be occupied for residential purposes
until the remainder of the building has been substantially completed.
[CC 1990 §20-271; Ord. No. 341, 5-9-2001]
Open-lattice enclosed fire escapes, fire-proof outside stairways,
and balconies opening upon fire towers, and the ordinary projections
of chimneys and flues into the rear yard may be permitted by the Director
of Public Works or Board of Aldermen for a distance of not more than
three and one-half (3½) feet and where the same are so placed
as not to obstruct light and ventilation.
[CC 1990 §20-272; Ord. No. 341, 5-9-2001]
A.
An
open unenclosed porch or paved terrace may project into a front yard
not exceeding ten (10) feet. An unenclosed vestibule containing not
more than forty (40) square feet may project into a front yard for
a distance not to exceed four (4) feet.
B.
Paved
terraces, uncovered porches, platforms, and ornamental features which
extend more than three (3) feet above the floor level of the ground
story may project into a required yard, provided these projections
be a distance of at least two (2) feet from the adjacent side lot
line.
[CC 1990 §20-273; Ord. No. 341, 5-9-2001]
For the purpose of the side yard regulations, a two-family dwelling,
or a multiple dwelling, shall be considered as one (1) building occupying
one (1) lot.
[CC 1990 §20-274; Ord. No. 341, 5-9-2001]
A.
Where
a lot or tract is used for farming or for commercial or industrial
purpose, more than one (1) main building may be located upon the lot
or tract, but only when such buildings conform to all open space requirements
around the lot for the district in which the lot or tract is located.
B.
In
the event that a lot is to be occupied by a group of two (2) or more
related buildings to be used for multiple dwelling, institutional,
motel or hotel purposes, there may be more than one (1) main building
on the lot, provided however, that the open spaces between buildings
that are parallel or within forty-five degrees (45°) of being
parallel shall have a minimum dimension of twenty (20) feet for one-story
buildings, thirty (30) feet for two-story buildings and forty (40)
feet for three- or four-story buildings.
[CC 1990 §20-275; Ord. No. 341, 5-9-2001]
Where an open space is more than fifty percent (50%) surrounded
by a building, the minimum width of the open space shall be at least
twenty (20) feet for one-story buildings, thirty (30) feet for two-story
buildings, and forty (40) feet for three- or four-story buildings.
[CC 1990 §20-276; Ord. No. 341, 5-9-2001]
No side yards are required where dwelling units are erected
above commercial and industrial structures.
[CC 1990 §20-277; Ord. No. 341, 5-9-2001]
Where lots have double frontage, the required front yard shall
be provided on both streets.
[CC 1990 §20-278; Ord. No. 341, 5-9-2001]
The required side yard on the street side of a corner lot shall
be the same as the required front yard on such street, except that
the building width shall not be reduced to less than thirty-two (32)
feet, and no accessory building shall project beyond the required
front yard on either street.
[CC 1990 §20-279; Ord. No. 341, 5-9-2001]
Whenever a lot at the effective date of this Chapter has a width
of less than sixty (60) feet, the side yards may be reduced to a width
of not less than ten percent (10%) of the width of the lot, but in
no instance shall it be less than five (5) feet.
[CC 1990 §20-280; Ord. No. 341, 5-9-2001]
A.
The
front yards heretofore established shall be adjusted in the following
cases:
1.
Where forty percent (40%) or more of the frontage on the same side
of a street between two (2) intersecting streets is developed with
two (2) or more buildings that have (with a variation of five (5)
feet or less) a front yard greater in depth than herein required,
new buildings shall not be erected closer to the street than the front
yard so established by the existing building nearest the street line.
2.
Where forty percent (40%) or more of the frontage on one (1) side
of a street between two (2) intersecting streets is developed with
two (2) or more buildings that have a front yard of less depth than
herein required, then:
a.
Where a building is to be erected on a parcel of land that is within
one hundred (100) feet of existing buildings on both sides, the minimum
front yard shall be a line drawn between the two (2) closest front
corners of the adjacent building on each side; or
b.
Where a building is to be erected on a parcel of land that is within
one hundred (100) feet of an existing building on one (1) side only,
such building may be erected as close to the street as the existing
adjacent building.
[CC 1990 §20-281; Ord. No. 363, 8-16-2004; Ord. No.
395, 8-17-2006; Ord. No. 413, 10-9-2007]
For every dwelling there shall be permitted a private swimming
pool. A "pool" shall be defined as a swimming facility
using a formal filtration system. Installation of such pool will require
a permit. Such pool shall not be located closer than ten (10) feet
from the alley line nor nearer than ten (10) feet from the side or
rear line not designated an alley. In ground pools shall be protected
by a fence or barrier at least four (4) foot high with a maximum clearance
of two (2) inches from the surface below the barrier. Such barrier
or fence shall contain a self-closing, self-latching gate with the
ability to be locked and the latch shall be not less than forty-eight
(48) inches from the surface below the gate. Above ground pools shall
have a retractable or removable ladder. An "above ground pool" shall be defined as being forty-two (42) inches above ground level.
All in ground swimming pools erected prior to enactment of this Article
shall be considered non-conforming and as such shall be allowed to
remain in place. However, at such time when the parcel or lot in question
is sold, transferred, or leased to another party, the swimming pool
will either be brought into conformity by present regulations or removed.
Existing pool/fencing must be in compliance within sixty (60) days
of property closing.
