[CC Ch. 35 §22; Ord. No. 10-1974 Ch. 35 §22(1), 7-1-1974]
A.
For
the purpose of determining compliance with the height regulations
contained in this Chapter, ornamental structures which are a part
of a building and are not used for the conduct of business (other
than advertising or identification), storage, or dwelling purposes,
shall not be included in computing the height of the building; provided
however, that the height and structural nature of said ornamental
structures shall be subject to approval of the Planning and Zoning
Board.
B.
Any
building in a "R-1", "R-2" and "PR" Residence District may be erected
to a height not exceeding three (3) stories or forty-five (45) feet
above the average finished ground elevation at the perimeter of such
building; provided however, that the required side and rear yards
are increased an additional foot for each foot such building exceeds
the height limitation otherwise permitted in the district in which
it is located.
[CC Ch. 35 §22(2); Ord. No. 10-1974 Ch. 35 §22(2), 7-1-1974]
A.
Except
as otherwise stated in this Chapter, every part of a required yard
shall be open to the sky unobstructed except as follows:
1.
Ordinary projections of skylights, sills, belt courses, cornices,
eaves, and ornamental features projecting into a required yard not
more than twelve (12) inches.
2.
Ordinary projections of chimneys and flues, not exceeding three (3)
feet in width, projecting into a required yard not more than twelve
(12) inches.
3.
Roof overhangs projecting into a required yard not more than eighteen
(18) inches.
4.
Unenclosed porches or paved terraces having a maximum height of not
more than twelve (12) inches above ground elevation at any point;
except when projecting into the required front yard, the front yard
requirements of the particular district shall govern.
B.
On
such streets as the City Council shall, by ordinance, designate as
being proposed for widening, either by reason of proposed through
or arterial highways or for any other reason, all front yard lines,
building, or setback lines shall, after such designation, be based
upon the proposed widened right-of-way for such street. Such setback
lines shall in no case be less than specified by this Chapter for
the respective districts in which the property lies, irrespective
of building lines established by the original plat of such property.
C.
Within
all commercial and industrial districts, structures located on lots
situated at the corner of intersecting streets shall provide a front
yard along both streets at least equal in depth to the front yard
requirements imposed on structures which are, or may be, located on
adjacent lots.
[CC Ch. 35 §22(3); Ord. No. 10-1974 Ch. 35 §22(3), 7-1-1974]
A.
Permanent. No accessory building shall be constructed upon
a lot until the construction of the main building has actually commenced.
B.
Temporary. Temporary accessory buildings, including temporary
storage structures which are to be used for storage purposes only,
may be erected upon a lot prior to the construction of the main building
and shall be removed upon the completion of the construction or upon
abandonment of the construction.
[CC Ch. 35 §22(4); Ord. No. 10-1974 Ch. 35 §22(4), 7-1-1974; Ord. No. 538 §2, 2-5-1996; Ord. No. 763 §1, 4-21-2003; Ord. No. 806 §1, 8-2-2004; Ord.
No. 829 §1, 5-2-2005; Ord. No. 847 §§1 — 2, 1-9-2006]
A.
It
shall be unlawful to erect any fence in the City of St. John without
first having filed with the Director of Public Works an application
for a construction permit together with a sketch or diagram drawn
to scale showing the location, type of fencing design, and color of
the proposed fence, and having obtained a permit for the erection
of the fence after approval by the Director of Public Works.
B.
No
hazardous wire may be used for fencing in any Residentially Zoned
District.
Hazardous wire may be used in Commercial Districts if it is
located on a fence not less than eight (8) feet above the surface
of the underlying ground.
C.
It
shall be unlawful to construct, build, grow or erect any fence, screen
or obstruction in front of a line equal to the front wall of the main
structure of any property located within any residential district
except as hereinafter provided:
1.
Fences, screens, or obstructions constructed prior to July 1, 1974,
which do not conform to the provisions herein may be repaired, restored,
or mended so long as such repairs, restoration, or mending is not
in excess of fifty percent (50%) of the entire original fence, screen,
or obstruction. Fences, screens or obstructions constructed after
July 1, 1974 but prior to February 5, 1996, which do not conform to
the provisions herein may be repaired, restored or mended so long
as such repairs, restoration or mending is not in excess of fifty
percent (50%) of the entire original fence, screen or obstruction.
In no way is this Section to be interpreted to allow the installation
of a totally new fence by repairing, mending or restoring the old
fence in separate sections. The fifty percent (50%) figure pertains
to the original fence installed. Any new sections installed afterwards
are not included as part of the "original" fence.
2.
Ornamental fences eighteen (18) inches or less in height.
3.
Hedges six (6) feet or less in height.
D.
The
maximum height for a fence in any Residential District other than
a privacy fence is six (6) feet from the underlying ground.
[Ord. No. 1222, 8-16-2021]
E.
The
maximum height of a fence in any Commercial District shall be ten
(10) feet from the underlying ground; including any hazardous wire,
if installed.
F.
Sightproof
fencing is only allowed on the side and rear yard lines, equal to
or behind the front wall of the main structure. All fences must be
erected with all posts and cross braces facing to the inside of the
yard which is being enclosed. Sightproof fences must be maintained
to prevent rotting and deterioration.
G.
Sightproof
fencing facing streets on which the house fronts are required to have
a gap of one and one-half (1½) inches between fence boards.
Fence boards on privacy fences must be no wider than six (6) inches
nominal width. The maximum height for privacy fences is six (6) feet.
H.
Fences
on corner lots must abide by the front building line of the street
of which they front and shall be allowed to extend past the side structure
line to the right-of-way of the street on the side of the house.
I.
No
yard may have more than one (1) fence erected at a time.
[CC Ch. 35 §22(5); Ord. No. 10-1974 Ch. 35 §22(5), 7-1-1974]
A.
In
the case of corner lots, no structure or planting exceeding thirty-six
(36) inches in height may be erected or installed within the triangular
area bound by the property lines and a line connecting the two (2)
points on the property lines thirty (30) feet from the intersection
of the property lines.
B.
The
above height limitations may be further restricted by conditions applied
by the Director of Public Works, if special topographic or other peculiar
circumstances impair traffic visibility.
[CC Ch. 35 §22(6); Ord. No. 10-1974 Ch. 35 §22(6), 7-1-1974]
A.
No
house trailer, mobile home or manufactured home shall be parked, used,
or occupied on any tract of ground within the City of St. John.
B.
A travel
trailer or recreational vehicle may be parked in the rear yard of
any lot within the City as long as the trailer or recreational vehicle
is not used as a dwelling, living, or sleeping quarters and it is
parked on an improved surface.
[CC Ch. 35 §22(8); Ord. No. 10-1974 Ch. 35 §22(8), 7-1-1974]
The Director of Public Works is authorized to issue a permit
for the operation or conducting of an amusement activity on a temporary
basis within any zoning district. The Director of Public Works may
request a report be submitted by the Health Commissioner with respect
to any public health aspect of the proposal and by the Police Department
with respect to any traffic or public safety aspect of the proposal,
if appropriate. For the purpose of this Section, "amusement
activity" includes a circus, carnival, fair, turkey shoot,
art display, trade or animal show, concert, dance, rally, parade,
athletic competition, and any similar activity not involving the erection
of any permanent structure or facility. The permit shall be issued
for a specified period of time not exceeding ten (10) days. The permit
shall contain such conditions as are necessary for protection of public
health, safety, and traffic, and the Director of Public Works may
require such assurance or guarantee of compliance with conditions
as is reasonable and appropriate under the circumstances. This permit
is in addition to any construction permit, air pollution device construction
or operating permit, highway special use permit, or other permit or
license required by law for any proposed activity or facility. No
more than two (2) temporary amusement activity permits shall be issued
in any calendar year with regard to any particular property; provided
however, that this limitation with respect to the number of temporary
amusement activity permits shall not apply to public property, nor
to property not held for private or corporate profit and used exclusively
for religious worship, for schools and colleges, for purposes purely
charitable or for agricultural and horticultural societies.
[CC Ch. 35 §22(8); Ord. No. 10-1974 Ch. 35 §22(8), 7-1-1974]
Where required by the City Council or the Planning and Zoning
Board, the petitioner of any development shall supply a written statement
from the Federal Aviation Agency stating that the development does
not interfere with any air navigation space.
[CC Ch. 35 §22(9); Ord. No. 10-1974 Ch. 35 §22(9), 7-1-1974]
A.
In
each instance in which approval of use or development of property
is made subject to conditions by the City Council, a copy of the approved
ordinance, resolution, order or permit shall be:
1.
Recorded by the property owner or owners prior to commencement of
development or use, and
2.
Furnished by the property owner or owners or petitioner to the operator,
owner, and manager, including successive operators, owners, and managers,
each of whom shall forward to the Director of Public Works an acknowledgment
that he or she has read and understood each of the conditions relating
to the use and development of the property affected by the ordinance,
resolution, order or permit and agrees to comply herewith.
